My grand father,here after called as A inherited 15 acres of agricultural land from his father. The title deed of all these lands were on his name some are continuing. We belong to Hindu religion and from tamilnadu. A had 4 sons. The land is partitioned orally in 1975 by 5 parts, 4 parts among his 4 sons and 1 part for himself. He kept 1 part for his life(jeevanamsam). The 4 sons took position of their respective 4 parts immediately and revenue records are available in their name. This partition was done oral and not registered. The sons could be able to sell portion of their share after partition and they did. The eldest son(B) is kartha for the family. The others sons of A are hereafter called as C,D,E. The grand father died in 1990 and grand mother died in 2003. The revenue records of grand father part continued in his name for his part until his death and in the name of grand mother until her death. After the death of my grand parents The portion of land was maintained by Kartha(B) and revenue records were maintained on his name until 2004. The grand father A made no will or deed for his share. No partition done on the part of my grand parents share among sons orally or through registration at any point of time among the sons. In 2005 the kartha(B) registered gift deed some portion of my grandfather part to his son.C made registered gift deed some portion of my grandfather share to his son. Kartha(B) sold some portion of land but not registered. Nothing was shared with my father E who is the youngest of all 4 sons of my grand father. All the transactions of my grand father share seems incorrect and following are the Queries 1. Whether the transactions(sell,gift deed) of grand father share by kartha(B) and C is legal 2. Limitation period act(12 years) is applicable on the gift deeds of B and C(2005) for claiming partition of grand father land by me 3. What I ( sond of E) can do to claim my share of grandfather(A) land. 4. up to what period of time The family is considered as Hindu undivided family. The kartha and his final statement is valid how long.
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Your father can file suit for partition for division of property by metes and bounds
2) deed of partition has to be duly stamped and registered to be admissible in partition
3) difficult to prove oral partition
4) mere entry in revenue records does not confer title to property
5) your father should file to set aside gift deed executed by B and C
6) take the plea that fraudulent transfer was discovered recently only
1. On the death of your grandparents their share of property was devolved further among their 4 sons jointly.
2. So each of b,c,d,e has got undivided equal share in the property jointjointly held by all of them.
3. So each if them can sell their undivided share to persons if their share. Such transfer deed is valid provided none of them transfers more than what they are entitled to.
4. However the transferee of a joint undivided property can't take possession of such undivided share unless and until physical demarcation is done.
5. So you can challenge such deed on the line stated above.
stamped not registered panchayath muchalikka was made along with oral partition in 1975. whether revenue records substantiate this oral partition of 5 parts, and also whether grand parents revenue records will help to prove that for the 5 th grand parent share is not partitioned till date.
Oral partition is as good as written deed.
Court have held that if by consent of parties, the matter has been settled, it should not be allowed to be reopened by the parties to the agreement on frivolous or untenable grounds.
2) the conduct of the parties subsequent to the oral partition also assumes importance
3)the respective parties had enjoyed their properties after the allotment in the oral partition.as evident from entries in revenue records
4) revenue records do substantiate oral partition
5) it also shows that grand father share has not been partitioned till date
1. These transactions are not legal.
2. Yes, available.
3. You can claim it only through your father, who has to file a suit in proper court.
4. A HUF is perpetual, unless all the members decide to part ways.
5. Oral partition will be difficult to prove. However, Revenue records may be good evidence.
Dear Client,
An oral partition is valid and by that partition the partitioned portion left with an ancestral status.
Rest portion of A carries ancestral status, and all heirs including great grand children equally inherit share along with 4 sons.
Whether the transactions(sell,gift deed) of grand father share by kartha(B) and C is legal -- up to there share only. Over distribution invalidates the deeds.
2. Limitation period act(12 years) is applicable on the gift deeds of B and C(2005) for claiming partition of grand father land by me - 12 years by a person excluded from joint family property to enforce a right therein which time commences when the exclusion becomes known to the plaintiff. - When it came in ur notice.
3. What I ( sond of E) can do to claim my share of grandfather(A) land. -- declaration/partition suit.
4. up to what period of time The family is considered as Hindu undivided family. The kartha and his final statement is valid how long. - until no partition of joint property.
Once a property was partitioned among sons by the father there is no question of HUF property.
The self styled kartha is invalid.
Any transaction carried by the said self styled kartha is illegal, invalid and not binding on other share holders.
Your father has a right for a share in the property that was left behind by your grandfather without any arrangement.
He can file a partition suit seeking his rightful and legitimate share in it.
You don't have any rights in it during the lifetime of your father.
Oral partition supported by revenue records is valid in law