• Does my paternal aunts have a share in the property?

My father died in 2012 after which I came to know of the property tussle going on between my father n my uncle. As soon as my father died my uncle started harassing us on property division. A I am the only child I studied all the property papers my father left behind. The property is in Bihar and is inherited. My great grandfather purchased properties in his and his wife'name. My cousin grandfathers sold their shares in absence of any official partition of property and are now no party to the property. Later my father came to know of my uncle also being a party to selling with my cousin grandfathers. As per my father, my uncle has already sold his hare of the property but after my father's death he has sent us a petition stating that my mother n my father due to their greed have captured my uncle's share too and my paternal aunts have also voiced in stating all the allegations to be true and are also asking for their share. The daughter's acquisition rights came up in 2005. My uncle had sold off his share in '87-'88. Even though there wasn't a partition done, my uncle has disposed off his share n now are eyeing on our share. The Mutation is done in my father's name in '08-'09. It is mentioned there that a notice was sent to my uncle n in absence of any objection the property was mutated in my father's name. We have been trying to dispose off the property and all the local brokers are quoting substantially low prices. They also know that my uncle have no rights in the property and he is trying to fill in his pockets keeping a gun on my paternal aunts shoulders. 
             As my father isn't there any more to guide me or sort out the issue my uncle has smartly chosen to file the petition when he isn't there to clarify anything. How can my father's sisters claim now when indirectly the left over property was of my father(after my uncle sold his share in ('87-'88)? In one of the previous sale deeds one of the disputed land's possession is given to my father by my uncle's consent which now he is denying.The situation is becoming complex as my mother is not keeping well and I'm married. My uncle continuously calls up my husband n hassles him over out of court settlement. I don't know to carry on with the case or go for out of court settlement.
             Kindly advise me.
Asked 3 years ago in Property Law from Delhi, Delhi
1)it is necessary to go through the property papers to advise .

 2)it appears that some properties were purchased in name of great grandfather and grand mother . on their death property devolved on your grandfather and his brothers and your father and his cousins . you have not mentioned when your great grand father died .

 3)prior to 1956 property standing in name of great grand father would be ancestral in hands of your grandfather and father . if property was not subdivided and no partition had taken place how was property sold by your cousin grand father ?
The property inherited by a person from his father is ancestral in his hands. He is not the owner of the property, he is entitled merely to hold and manage the property as the head of the family for and on behalf of the family. The ownership of the property is in the joint family consisting of himself and his sons.As a result of the co ownership the possession and enjoyment of the property is common. Hence the coparceners cannot alienate the
property except for necessity without concurrence of all coparceners

4) on your grand father death his interest in property would have devolved on all his legal heirs including his daughters 
5)as on date mutation has been done in your father name in property . if your uncle has filed suit for partition you have to fight suit on merits . it is necessary to go through averments made in suit and reliefs claimed to advise .
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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1. As rightly pointed out by Mr.Sethi at the outset, it will not be possible for us to say anything with a tinge of exactitude without first going through the documents. 

2. According to the facts furnished by you the properties were purchased by your great grand father in his own name and in the name of your great grand mother. If your great grand father died without a will then all his surviving heirs i.e his sons and grand sons succeeded equally to this property.

3. Unless the property was partitioned in accordance with the law it could not have been sold by your grand father's brother. It is possible that a settlement deed might have executed between your grand father and his brothers. This property, being inherited property, was ancestral property for your grand father and all his siblings. Ancestral property belongs equally to all the share holders and no single share holder can claim an exclusive right in it. It cannot be sold before it is divided. It belongs to the hotchpotch of the joint family. In the absence of a consensus reduced in writing by all the surviving heirs the undivided property could not have been sold in the first place.

4. Your father's sisters cannot claim any share in the property which fell to the share of your father after partition. 

5. In view of the fact that your uncle has already filed a case for property division you should engage a lawyer and contest the case on the merits. The lawyer whom you will consult will be in a better position to guide you as he will have the privilege of having all the relevant documents including a copy of the petition filed by your uncle in front of him.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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you can take 30 years or more title search in Bihar . find out agreement wherein your cousin grand father sold their share in property . consult a local lawyer in Bihar for title search . based on feedback proceed further
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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It will be apposite to ascertain the antecedent title of this property. The antecedent title can turn the tables either way in the court. The settlement deed must be stacked somewhere in the records. You need the assistance of a local lawyer in Bihar for carrying out the title search.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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if your paternal sisters are born prior to 1956 then surely then dont have a share in the property. 

but if they have born after 1956 then they are entitled for a share
however, if you could prove that there was already a division of property and the same has been acted upon by the family members, then you will definitely be successful. 

however, if documents described by you are perused a better opinion can be given.
Ananth Kumar
Advocate, Bangalore
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57 Consultations
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RTI can be filed, albeit it will not yield any desired result. The results which a title search conducted through a lawyer can produce in such a case cannot be obtained through RTI.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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RTI wont help you . it is necessary to take search of local records for last 30 years or more as already advised earlier
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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no it wont take long time . maximum a month . further it does not involve lot of money . you have to do search for 30 years not 5 years .
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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Legal battles demand money and passion for justice. So whatever money is to be incurred, cannot be avoided. It will not take longer than a month. Search for the past 30 years.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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