Land ownership Distribution

Community Forums Legal Advice India Land ownership Distribution

Viewing 1 reply thread
  • Author
    Posts
    • #2038 Reply
      Desiwolf1711
      Participant
        D
        Desiwolf1711
        PARTICIPANT
        May 5, 2025 at 12:42 pm
        I am going to give context of a land and i need the legal ownership distribution based on the following events

        “A, B, and C buy 6 acres of land jointly. A makes a will transferring 2 acres of his share to D. B is a witness to this will.
        B, a few years later, makes a will transferring 2 acres of his share to E and F. A is a witness to this will.

        Few years after this, C executes a release deed for 2 acres out of the 6 acres and sells the 2 acres for a private entity, while she still remains in the 4 acres jointly with A and B. Now, C is refusing to move out of the 4 acres, which still remains with A, B, and C.

        My question is: If A and B pass away, how much would D, E, F, and C each inherit from the above context?”

      • #2039 Reply
        Indianabhijeet8238
        Participant
          I
          Indianabhijeet8238
          PARTICIPANT
          May 5, 2025 at 2:18 pm
          Under Indian property and succession law, including the Indian Succession Act, 1925 and general principles of co-ownership and transfer of property, the ownership distribution based on your described events would break down as follows, assuming the 6 acres were purchased in equal undivided shares and there is no overriding family, tribal, or customary law that changes this interpretation:

          **Initial Situation:**

          A, B, and C jointly buy 6 acres, so by default:

          A: 2 acres

          B: 2 acres

          C: 2 acres

          **Event 1: A’s Will (gives 2 acres to D)**

          A bequeaths his entire 2-acre share to D.

          B is a witness, which under Section 67 of the Indian Succession Act does not invalidate the will unless B is also a beneficiary. (He’s not.)

          → D is entitled to A’s 2 acres.

          **Event 2: B’s Will (gives 2 acres to E and F)**

          B bequeaths his 2-acre share to E and F (we assume jointly, so 1 acre each).

          A is a witness, but again, since A is not a beneficiary, the will is valid.

          → E and F are entitled to 1 acre each from B’s share.

          **Event 3: C executes a release deed and sells 2 acres**

          C sells 2 acres out of her 2-acre share. Assuming this is from her own legal share, this is a valid transfer.

          Now, C retains no ownership—she has sold her entire share.

          However, she is refusing to vacate the remaining 4 acres still jointly held by D (A’s successor), E and F (B’s successors).

          **Current Legal Ownership (After A and B’s Death):**

          D (via A’s will): 2 acres

          E and F (via B’s will): 1 acre each

          Private entity (purchased from C): 2 acres

          C: 0 acres (she sold her share) but still in possession of land she no longer owns

          **Final Distribution:**

          D: 2 acres (inherited from A)

          E: 1 acre (inherited from B)

          F: 1 acre (inherited from B)

          Private Entity: 2 acres (purchased from C)

          C: Legally owns nothing, but may be in illegal possession of the remaining land

          **Legal Remedies and Notes:**

          D, E, and F can file a suit for partition and possession to assert their ownership rights.

          C’s possession over the remaining 4 acres is unauthorized—a court can order her eviction if necessary.

          If the will(s) are registered and not challenged, they hold full legal weight under Indian law.

          • #2040 Reply
            Desiwolf1711
            Participant
              D
              Desiwolf1711
              OP
              May 5, 2025 at 3:59 pm
              Thank you for the detailed information. Is there anything that can be done while A and B are alive? Some release deed or something else while C continues to avoid to execute the release deed of the remaining portion?

        Viewing 1 reply thread
        Reply To: Reply #2040 in Land ownership Distribution
        Your information:




        Cancel