Yes, you can file a suit of partition for the remaining land. We need to see the documents to that extent.
Partition suit
Dear Sir, 1. In 1955, My great grandfather Shri Pura Lal was having land of 32 hectare. 2. Shri Pura Lal was having 5 sons and 3 daughters. One of his son was my grandfather Shri Kanhaiya Lal. 3. In 1961 (During ceiling Act), Shri Pura Lal has sold 4 parts of land 6 hectare each to his 4 sons, but not to my grand father Shri Kanhaiya Lal. So His 4 sons each is having 6 hectare land but 5th son is having no land in his name. So, Now Shri Pura Lal is having 8 hectare land in his name. 4. In 1962, Shri Pura Lal died, and the remaining 8 hectare land is transferred in name of my great grand mother Smt. Kanu Bai (Pura Lal's Wife). 5. In 1982, My grand father, Shri Kanhaiya Lal (5th Son of Pura Lal) died. That time there was no land in his name. 6. In 1987, my Great Grand mother died. The 8 hectare land in the name of her was transferred such that her all 5 sons gets equal share. So, Shri Knhaiya Lal (His 2 sons and wife) got only 1.6 hectare land and others got 7.6 hectare each in total. 7. This all happened in paper. But, today Shri Knahaiya Lal (His wife and sons) is having 7 hectare land in their possession since 1962. But in name only 1.6 hectare. 8. I got to know this in the 2014, When I studied the papers. 9. Today, My father Shri Kanwar Lal wants to file a partition suit to get the share of 6.2 hectare (Ancestor Property) land of my grand father (Shr Kanhaiya Lal) from my great grand father (Shri Pura Lal). Kindly advise, What can we do. if we file a suit, whether we can get our share of 6.2 hectare.
Asked 5 years ago in Property Law
Religion: Hindu
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13 Answers
You can file the same and claim your share from ancestral property
great grand father was at liberty to sell land to his 4 sons
2) please not that transfer was for consideration and sale deed was executed by great grand father
3) you would not get share in 6 acres of land sold to your grand uncles
Additional Information. (Please read and understand, it is very important for me to get a proper answer in detail) 1. My great Grand father got this land after partition between his brothers. So the initial land of 32 hectare in his name was his share in ancestral property. 2. So, The land he has sold to his 4 sons was ancestral property for him. a. Whether he is is allowed to sell his ancestral land to his 4 sons only? b. If he is not allowed to sell his ancestral property to his only 4 sons. Does court has power to cancel these sale deeds (Registry) today? c. If court cancels these sale deeds, will I get my share in 32 hectare.
Asked 5 years ago
once partition has taken place it ceases to be ancestral land
2) he was at liberty to sell the land
3) court would not set aside sale of land after 55 years ro so
4) you would not get share in 32 hectares of land
Don`t file partition. otherwise, other will get their share. Your father already in possession of his share. IF fill partition, , he may get nothing.
And 8 acres land is ancestral property, Great grand child have claim so more partition and less share.
Sold land is self acquire of sons.
a. Whether he is is allowed to sell his ancestral land to his 4 sons only? - YES, not ancestral at the time sale.
you can file partition suit, Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do
Dear Client
If your father can file a partition suit on total property if your great grand father have got the ancestral property. And he have no right to sell the ancestral property.
And court have power cancel the sale deed.
But it can be a loss for you as your grand father have possession of 7 hectares of land which can be on his name on basis of adverse possession since 1962 if some one file suit for possession on that land.
so you have to lose 0.8 hectare land if your file partition suit.
He can't sell ancestral land as they are also shareholders of the same. He can sell his share to the legal heirs. Yes court has power to cancel the sale deed. Yes you will get your share
Your great grandfather had sold his property to four of his sons each 6 hectares.
Therefore your great grandfather literally had only 8 hectares of property only at the time of his death.
This 8 hectares of land was inherited by your great grandmother all by herself (which is illegal in law) and upon her intestate death the same devolved equally on all her five sons which includes your grandfather.
Your grandfather was entitled to only 1.6 hectares of land as his share in the property then from where you think that he will additional 6 hectares of land?
Out of your grandfather's 1.6 hectares of land, your father shall be entitled to one such share equally at par with the other legal heirs of your grandfather, that too if your grandfather was reported to have died intestate.
Therefor in my opinion, any suit filed seeking extra share in this regard may not be legally maintainable.
You have stated that your great grandfather got his 32 hectares of property as his share in a partition among his brothers.
Once a property is partitioned, it loses its nature of ancestral type of property.
Therefore it is incorrect to state that it was an ancestral proeprty in the hands of your great grandfather.
Accordingly all the subsequent acts in this regards done by him or taken place are legal, hence please understand the underlying law and do not waste your time in making any claim which may not be maintainable in law.
- As per the information mentioned in the present query, makes it clear that the property has come to your children of your grand father from the great grand mother.
- Now, the property which came to the children of your grand father cannot be called as ancestral one as the same cane to them from a female member.
- But, if the property which came to great grandmother was ancestral of great grand father then the whole transfer was illegal.
- Then you should challenge the partition or transfer as good and decree to cancel the same and let the property divided again from stretch.
We had filed the case but court has dismissed the case based on time limit. Now, all 5 are mutually agree to divide the remaining 8 hectare (which is still in joint name of all and their heir if died) land in such a way that the heir of eldest son of Pura Lal want to give his share to us. He want to give up his share. So, from 8 hectare, My father will get 3.2 hectare, other three will get 1.6 hectare each. and first one will get 0 hectare. For clarity, we want to partition 8 hectare in 5 like this. A=0, B=3.2, C= 1.6, D=1.6, E= 1.6 Hectare. Let me know if as per law it is possible. If possible, what are the kaanoon available for this.
Asked 4 years ago
A partition deed for a property is executed to divide the property among different people - usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.
Pursuant to the agreement among all the parties to this deed of partition, hereby divide the joint-family property in four shares for which purpose the same had been split up into four lots, each of such lot being incorporated in a separate Schedule attached to this deed whereby the properties mentioned in mentioned in Schedules I, II, III, IV and V are assigned and allotted to parties Nos. 1,2,3, 4 & 5 aforementioned, respectively.
In that the first party will not get any share in the property since he has transferred his share in the property in favor of his chosen sibling
Deed of partition can be executed for division of land by metes and bounds
it should be duly stamped and registered
contact a local lawyer