Hi There, I am from a Hindu Family and my grand grand father parachuted a land on the name of my grand uncle at the time when he was minor (5 year old). There was a mutual separation understanding and all our lands were being used separately between my father & his uncle family unfortunately my father uncle expired few years back. My grant aunty recently sold some part of that land which we mutually separated (no legal partition) and within the registery she mentioned my father name for our part of land which as it’s next to each other. Now when we are creating boundaries in our part of land they are creating trouble so trying to understand what’s our choice? There are four things to consider here: 1. Land was purchased by my grand grand father on my grand uncle name when he was minor (5 year old) 2. There is mutual separation since many years and we both where farming on our part of land 3. In recent sales deed when my grand aunt sold some part of her land she clearly mentioned my father name in the sales deed that the land next to her belongs to him. 4. We don’t have any papers of this land as it's purchased by our grand grand father and we are not sure if our grand aunt hold any property paper as she always denies but may hold the papers. So please suggest us what are our options? Should we file a separation case so that we have legal rights on our part of land? Is there any issue with the land being named of my grand uncle but again he was minor that time?
1)land purchased in grand uncle name was for benfit of joint family
2) since grand uncle was only 5 years old at time of purchase of land plea cannot be taken by grand aunt that it was purchased from his income
3) file suit for partition for division of land by metes and bounds
4) take search in sub registrar office for copy of sale deed by which land was purchased by great grand father
1. Sale of proeprty of a minor without the consent of the court is voidable and hence the minor on attaining majority can challenge the sae.Your father seems to have not done this and hence nothing could be done at this stage.
2.Now the verba partition is also very much valid.In your case it was done and at this point of time when the verbal arrangement is not followed you can file a suit for partition to demarcate the respective properties and to enjoy separate possession.
3.Howeevr if you cannot prove your title then getting share allotted in your name would be very difficult.
In any event filing a suit for partition remains on
What is the meaning of 'parachuted a land'?
1. You can file a partition suit on the property held by your Grand Aunt claiming that the said property was actually your great Grand father's property purchased in the bane of your grand uncle wen he was just 5 years old and on the said property of your great grand father, you also have equal right being the legal heir of your father.
2. Once you file such partition suit, your Grand Aunt will come to the negotiation table and agree to execute a register a partition deed amicably agreed by both of you.
3. Alternatively, you can also file a declaratory suit praying for a declaration that the said property belongs to you as has been mentioned in the sale deed registered by your Grand Aunt for which you are within your right to construct boundary structure on your land.
Hi, it is advisable to file a suit for partition and permanent injuction to restrain your relatives from interfering in your posession over the land
Dear Client,
On the basis of long possession and cultivation of land, the fact of oral partition/settlement is presumable and court will take positive inference regrading title by partition in ur favor.
In corroboration to above, sale deed (she clearly mentioned my father ) have admission of above fact.
U should present ur case that great grand father bought the land in uncle name and later he partitioned.
By theory of Adverse possession ur title in the land is secure.
Only file suit for injunction of no hindrance to ur peaceful possession and usage.
Please clarify as to what do you means by "parachuted a land."
I would advise you to file a petition for partition.
you may contact a local advocate to take a search in the sub registrar office and peruse the documents at the sub registrar office.
Regards
Whether minor or major by age, since it was purchase on his name and after becoming major he took possession of the property, it becomes the property belonging to yor grand uncle and he is the absolute owner of the property by having marketable title.
As his wife is surviving him upon his intestate death, she and her children are the legal heirs to succeed to his estates.
Your father has no rights legally in the property until a portion of property was gifted to him in the name of oral partition.
What did your father do for transferring the property allotted to him by oral partition , to transfer the same to his name through the revenue department or for mutation of the same on his name?
Without any paper or document, you cannot claim any rights in the property whether sold away or still being retained.
You may consult a local advocate who shall throw some light on the subject matter.
