• Right to claim my grand father's owned property

sir 
  my grand father has bought agricultural  land about 35 years back ...and it has agriculture pass books...25 years back my grandfather has divided his land into two equal shares by stamped  partition agreement and given to his two sons for cultivation...from then onwards my father and my fathers brother is cultivating this land....now due to some misunderstandings with my father..my grand father decided to transfer that land totally to my father brother..my grandfather is forcing us to get out of that land...what should we do...
       can we fight legally in court by sudmitting  stamped partition agreement...and we have one of the pass books with us..(its not an ancestral property)......
and 1 more point that i have heard that according to indian civil law.... grand child has right to claim grand fathers property..is it true?. and should i have any right to claim....please help me...thank you...
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
As per your statement of facts your grand father divided this land equally between his two sons, one of whom happens to be your father. If the partition agreement was stamped then it cannot be revoked unilaterally now as the land got partitioned the moment your grand father signed the agreement and it was stamped according to the law.

You can challenge the cancellation of this agreement in the court. 

If your father is alive then you cannot stake a claim in the property of your grand father.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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once partition deed has been made and is duly stamped and registered your father is absolute owner of said land . your grand father cant revoke by your grand father now . he cannot transfer land to your uncle . you cannot claim any rights on said land
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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Hi. your father  become the absolute owner of the property by virtue of the partition deed and now he can't revert back the property and further whether in the RTC and revenue records your father name has been entered or not pls check it up to an extent of your share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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As per your statement your grandfather has divided his property into two shares by allotting one such share to each of his son under the Stamped Partition agreement. you have not mentioned whether said Stamped document is Registered or not.  As per Sec. 17 of  Indian Registration Act  any document evidencing transfer of immovable property value more then Rs.100/- requires compulsory Registration, In your case you have not stated that the  stamped document evidencing Partition is registered or not. However if it is not Registered you have to get the said document Re-validated through concerned District Registrar.
Further if your fathers name is mutated and reflecting in the Revenue Records in pursuance of the said Partition showing your father name as owner / pattadar and so also possessor since last 25 years , your grand father cannot re-claim the property and your father acquires rights by way of partition and so also your father cannot claim the rights by way of adverse possession in view of your father being in physical possession over the allotted property for more then shall 12 years .
so far as the Grand children claiming rights in the property held by grand father, if the son of the Grand father dies leaving his wife & children ( i.e. wife  and Grand sons/ grand daughter) then such children and wife shall be entitled to claim the rights of deceased son.  However if the son of grand father is alive his children and wife will not get any share.
Shivashekar
Advocate, Hyderabad
3 Answers
22 Consultations
5.0 on 5.0
Your father can file for partition of the land on the basis of the deed. If subsequently your grand father revokes the agreement the same can be challenged by your father in court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
partition deed is required to be stamped and registered . otherwise it is in admissible in evidence . such document cannot be submitted for registration now . as per Registration act it has to be registered within 4 months . with penalty further period of 4 months is granted
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0

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