Dear Sir, I am kanwar Lal. My Grandmother was having 5 sons. In 1962, my Grandmother Kaanu Bai was having 11 hectare land (17 farms ) in her name. My father Kanhaiya Lal (Second Son of Kaanu Bai) died in 1982. After death of my father, my Grandmother transferred 1/4 (25%) share of Land in name of me and my brother Salagram because her others sons already got other land in their name in advance. So, the nomination of land was like this "Kaanu Bai 75%, Kanwar Lal & Salagram 25%". In 1986, Kaanu Bai died. After death of Kaanu bai, her 75% share was transferred to only her other 4 sons except us. So, Now nomination is like this - "S1, S3, S4, S5 75% and Kanwar Lal & Salagram (S2) 25%". As per my understanding, there is an mistake in transfer of 75% share. It was supposed to transferred to his 5 sons. Nomination should be "S1, S2, S3, S4, Kanwar Lal & Salagram 75% and Kanwar Lal & Salagram 25 %". The partition of this land has not happened till date. Today, I want to get corrected this in revenue department. Please guide me how can I get correct this mistake.Where should put my case. What is the process to get it corrected so that I can get my share in 75% Land. The transfer was happened in 1986, It has been 24 years. Whether we are still in position to raise this issue in court. My Tehsil is Pachore, District is Rajgarh (MP) Land Record are available in Pachore. Old Land records are in Rajgarh. Very old records are available in Gwalior.
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On grand mother death intestate her 75 per cent share should devolve on 4 sons and legal heirs of predeceased son
2) you have to file suit for partition for division of property by metes and bounds
3) seek injunction restraining sale of property your uncles
4) on basis of court orders entry in revenue records would be changed to reflect your share in land
Your calculation is correct the 75% of grandmother should have been divided among all five sons or their surviving legal heirs. As the dispute is with regard to division of ancestral property among legal heirs, revenue authority has no power to decide the matter. You need to file a suit for reopening of partition that took place in 1986 about 35 years back. As the property is ancestral and if property is still with other legal heirs, limitation will not apply to it. You can still seek setting aside of previous partition and seek just redistribution of property. Issue lawyer’s notice to legal heirs seeking reopening of partition the same being unequal and redistribution of property . After that file a suit in district Court for partition and separate possession. You will get your share.
If your grandmother had transferred 25% of property to your names by a registered gift deed, then you both are the absolute owners of the said property which cannot be included in the remaining properties of your deceased grandmother.
If your grandmother has been reported to have died intestate then the properties which remained or were lying on her name at the time of her death shall again devolve equally on all her children/legal heirs including the legal heirs of her deceased so, i.e., your father.
Hence you and your siblings including your mother are entitled to a legitimate share out of that 75% share of proeprty that was left behind by your deceased grandmother upon her intestate death.
You can file a suit for partition to divide the remaining properties into five equal shares by metes and bounds with good and bad soil and to allot one such share to you people with separate possession impleading your father's siblings as defendants in the partition suit.
The partition suit is not barred by any limitation hence you can file the suggested suit even now.
- As per law , after the death of your grandmother , her 75 % property would be devolved upon all her legal heirs equally i.e. her husband and children if alive
- Further, after the death of her son or daughter , their respective share can be claimed by her grandchildren
- You have share in the share of your father with other siblings .
- If no partition , then file a Partition suit before the court.
Dear Sir,
1. Since you are claiming that there is an error made in transfer of property; These errors can be rectified by execution of a supplementary document called rectification deed. A rectification deed is a document executed between parties to correct mistakes. There must have been a bonafide mistake whereby the original deed does not reflect the true intention of parties towards the deed.
2. A rectification deed should be executed after mutual consent of all parties. In your case, S1, S3, S4 AND S5 are not ready to give their share of property, you must file a suit for partition of property against them.
3. In case you do not want to fight the case in court, you may opt for family settlement procedure.
The first step towards any litigation including a partition of property suit is to carefully draft and send a legal notice to the other legal heirs of the property related to family property partition/ settlement.
The legal notice for such a partition must mention the shares of each co-owner (legal heir), entire details of the property in question as well as the required action that has to be taken.
In case the co-owners fail to reply to the legal notice or in case the co-owners send a vague reply, a partition suit can be filed in the court where the jurisdiction of the property would lie.
A suit for partition of property is a court case filed when all of the co-owners fail to mutually agree to the terms and conditions towards property division, and when either of the co-owners wish to divide the property according to their shares in the property.
Thank you
