- Occupation of ancestral property by a legal heir is not a bar against other legal heirs to seek partition of property.
- It advises that any rights in property has to exercised as early as possible. Every day’s delay will weaken your right.
- Any structure belongs to the owner of land. In your case is the property of all. Construction of structure will not confer absolute rights on the family member paying for construction. It will be divided in equal portions, no weightage will be given to the family member who constructed the house.
Laal Dora property partition
My grandfather owned a piece of land that is under laal dora. My uncle built his new house there without our consent and he is not ready to give us our share in that land. Now govt is offering to get that land registered. So my ques are 1. Can we file a suit for partition even after my uncle gets the land registered in his name? as he is the sole occupant of that property currently. 2. We are not much financially stable right now but we will be in a couple of years. Can we file the suit after 2-3 years? Or is it a time sensitive case? 3. How the jury will decide our share in that land? Will they give us land on which my uncle already built his house or will we get paid for that share? (We would prefer our share of land over money)
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
File suit fir partition for division of land by metes and bounds
2) you would get share of land
3) file suit at the earliest
1. Yes
2. Yes but it will be dragged for long and if no one is taking interest some vested person can illegal create third party rights in the same
3. You wi get your share decided by court in form of share in land or it's market value
Dear Sir/ma'am,
1) You have the right for partition since the piece of land was inherited by your uncle and thus your father has qual share over the property.
2) Asper law of limitation, there is a time limit of 12 years to file such a suit.
3) Since the house has already been built, the jury would most likely give you the paid share for the money or would make you and your uncle co-owners for the property.
Thank you
1. If your grandfather died intestate ( without executing a WILL ), then your grandmother (if alive), their children ( both sons & daughters ) are entitled to equal share in the property.
2. Other legal heirs of your grandfather can file a suit for partition, declaration and separate possession of the property by metes and bounds immediately or later after the uncle gets registered on uncle's name. However it's in the best interest of other legal heirs to file the suit immediately before the property is registered in your uncle's name solely.
3. Under the limitation act, the leftover legal heirs can file a suit after two to three years but since the matter is time sensitive, better to file a suit immediately without any loss of time. To initiate, let the other legal heirs send a legal notice through a Lawyer to your uncle, before filling a suit.
4. The jury will decide on the merits of the case and may order for partition of the property by metes and bounds equally to all the legal heirs, including your uncle.
1. Since that property is owned by your grandfather , then your father if alive can claim his equal share after filing a suit for partition in a civil court.
2. Yes, you can file the suit any time , but if your uncle will transfer the property , the it will be difficult to pursue the case.
3. Both relief may be decreed and depend upon the circumstances.
1. If your father is alive he can very well proceed with the proposed suit for partition.
2. There's no time limit to file a suit for partition.
3. It will be decided by court on the basis of trial proceedings and prevailing circumstances.
