• 23 years - still not partitioned

My Father passed away in 1994 without 'Will' for 4 sons & 2 daughters.
(3 acres ancestral land + ancestral house. Christian's in Kerala )

My younger brother Mr. Y is staying in the ancestral house and using the yield from the ancestral land alone for 23 years continuously.

Since my mother is a widow she is entitled to 1/3 of land by law i guess ? 

But Mr. Y, wants 1/3 land of mother since she is sick PLUS an equal share in the remaining 2/3 land.

Mr. Y not ready for any other mutual settlement


By law what is the fastest way to divide the land & house equally among mother and all siblings ?
(I am even ready to hire an advocate at the best price)
Asked 7 years ago in Property Law
Religion: Christian

3 answers received in 2 hours.

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9 Answers

Hi

You should proceed with a partition .

This can be done either all of you together reach to a settlement to divide it in equal portions.i.e of each of you 1/7parts.

Six children and mother all have equal rights including married sisters.

If one of the brothers who objects doesn't agree for an amicable settlement your option is to send another for partition through lawyer and procedures to file a partition suit in the civil court .

Your brother has no special right ,has equal right with you ,siblings nd mother .

If married sisters are opting out if share due to their shares are settled at the time of marriage in terms of shtridhàn ,can give NOC to their shares

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1) there is no concept of ancestral property among Christians

2) on father demise your mother , 4 sons , 2 daughters would have share in the property

3) your brother cannot claim mother one third share in property

4) deed of family settlement is best option

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. The only option lying before you under the given circumstances is to file a partition suit before the local civil court seeking equal partition of the said property in your name.

2. While filing the said partition suit, you shall have to produce the death certificate of your father and also the legal heir certificate to claim your share of your father;s property.

3. Please note tht the said property will be partitioned by the Court commissioner in equal proportion by deviding the same by metes and bounds.

4. After the said property is partitioned by the Court, you shall have to mutate your name as the owner of your share of the property.

5. The said suit is expected to run for at least 2 to 5 years.

6. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

When one of the co sharer is not ready to divide the joint proeprty as epr law of the land then seeking legal recurse is only option.

So in your case also you can file suit fo partition so the court divides the property by metes and bounds as per due sahre of each party.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

The property now under the possession and maintenance of yor brother shall be divided or partitioned to all the entitled legal heirs or successors in interest as per Christian law of intestate succession.

Even you may be having a right in the property proportionately as per your entitlement provided in the law.

Hence you may file a partition suit seeking partition and separate possession of your legitimate and rightful share in the property, this will make your brother to realise that he is going agaisnt the law in this regard and may even make him to arrange for an amicable talks here decisions can be taken on ther terms mutually agreed among all the parties.

You may consult and discuss with an advocate in the local and proceed with the issue as per provisions of law to begin with.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1. Law of adverse possession canot operate if the shareholder is asking for a his rightful and legitimate share in the property by partition.

2. You have to obtain an order injunction for his exclusive use of the yield owing to the pendency of the case

3. This also can be brought under the same partition suit if need be.

4. As per the Indian Succession Act, she is entitled for her legitimate share in the properties left behind.

For a lawyer at Kottayam you may have to look for one from this forum or directly through your own sources.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Brother cannot claim defence of adverse possession

2) you should seek court orders for income from land in court

3) all legal heirs have share in ancestral property

4) mother has one third share in property

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

5It is well settled that the possession of one co-owner is considered in law as possession of all co-owners. The possession of a co-owner is presumed to be on the basis of joint title. Long and continuous possession by itself would not constitute adverse possession. In order to constitute adverse possession, it is not enough to show that one of them is in sole possession and enjoyment of the properties. The co-owner out of possession must be proved to have had notice of assertion of hostile possession ousting him. The relevant judgments are as under:

5.1 In P. Lakshmi Reddy v. L. Lakshmi Reddy, AIR 1957 SC 314, the Supreme Court held that the possession of one co-heir is considered, in law, as possession of all the co-heirs.

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. The law of adverse possession will be attracted if he is in possession of your property against your expressed will for at least 12 years.. Here the property has not yet been partitioned for which not your property and you have not expressed your unwillingness for 12 years for his said staying.

2. You can seek partition from the income from the yield and pray for an order for depositing the entire amount so received by selling the said yield to the Court till the suit is disposed off.

3. All will be partitioned by the Court commissioner as per your petition.

4. Your mother has the equal right as the legal heir of her demised husband's on his property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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