My grandfather had purchased 3.0 acre agricultural property in his name. He had 4 son's and 6 daughters, totally 10 kids. After his death in 1990, the 3 acre was orally partitioned between the 4 sons alone. They included their names in patta also. 12 years back one(my uncle) among the four son's has sold 0.02 acre to an outsider my making a 'gift deed' without the knowledge of others. Now is it possible to reclaim that sold portion of the land by filing a case against the buyer and my uncle? My uncle somehow managed to sub-divided his portion of land alone. Is it possible to do sub-division without the consent of his brothers? We do not want an outsider inside our property, how to reclaim it?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
daughters can file suit to claim share in property
2)since grand father died intestate sisters can file suit to claim their share in property and to set aside gift deed executed by uncle
3) also seek injunction restraining sale of property
4) contact a local lawyer
1. It appears that the land was partitioned already . Verbal partition is also a valid partition.
2.If the land is already partitioned then he can sell his share as wel.
3. only if the land is not partitioned then only selling undivided share is not permissible as the seller without physical partition can not deliver the possession of the sahre.
4. So you can file a case of pre emption to buy back his share.
But the sale would not be set aside.
Hi
legally there is an option the rest of the legal heirs of your grand father can file a partition suit to ask for cancellation of the gift deed.
Convince the court , the transfer of the property was not genuine and have technical errors in terms of stamp duty.
demarcation .
also The oral partition you have mentioned can be of no effect if other heirs are not agreeable to that.
The legal heirs of your grand father can file for partition in the court, seeking to stay and set aside the transfer by gift deed.
First of all your grandfather's property shall devolve equally among all his 10 children.
The daughter also have equal rights hence if someone stakes claim towards their legitimate share, then the so called oral partition among four sons alone will not be valid in law.
Now coming to the alienation part, if other brothers dont have objection to this, then the person who sold this may have taken it for granted.
In any case, if the property was allotted to him, he need not take anyone's permission for that, he may feel that he need not answer to someone's sentimental attachment to the properties.
You may consult a local advocate on further issues.
