• Ancestral agricultural land division between family members

My mother had a share in her fathers ancestoral agricultural land ......they are 7 siblings, 2 brothers and 5 sisters ....after my grandfather's death in 1993, in 1994 the whole agricultural land was partitioned between two brothers with the consent of 4 sisters who were actually present then and one fake person at the place of my mother signed there. Now can we get our agricultural land back as my mother was neither present nor signed for her consent to willingly give her share to the brothers. Please provide me the legal way out ...the land is in kapurthala punjab
Asked 3 years ago in Property Law from Jalandhar, Punjab
Religion: Sikh
1. Your mother can file a suit for partition.
2. In the said suit she can apply for declaring the partition deed as null and void.
3. Alternatively she can file a criminal case of forgery and criminal impersonation.
Devajyoti Barman
Advocate, Kolkata
12804 Answers
165 Consultations

5.0 on 5.0

1) on her father demise your mother had 1/7th share in her father property .

2) deed of partition made in 1994 has to be signed all the legal heirs 

3) if your mother had not signed the partition deed she can move court for setting aside partition deed  and claim her share in the property .

4) the issue would be when did you discover the fraud ? what was your mother doing for over 21 years ? 

5) it has to be proved that your mother signature was forged  on the parttion deed 
Ajay Sethi
Advocate, Mumbai
45424 Answers
2668 Consultations

5.0 on 5.0

1)in A.C. Ananthaswamy v. Boraiah [(2004) 8 SCC 588], this Court categorically laid down that in establishing alleged fraud, it must be proved that the representation made was false to the knowledge of the party making such representation or that the party could have no reasonable belief that it was true. Level of proof required in such a case was held to be extremely high.

2) Order VI, Rule 4 of the Code of Civil Procedure reads as under:

"4. Particulars to be given where necessary In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading."

3) contact a local lawyer . suit for cancellation of parttition deed on account of fraud has to be properly drafted 
Ajay Sethi
Advocate, Mumbai
45424 Answers
2668 Consultations

5.0 on 5.0

1. Let your mother file a partition suit claiming her share of her father's property,

2. Her brother's will dfend their title on the ground that she had already relinquished her share in favour of the brothers by signinging a document,

3. At that time she will have a chance to challenge her signatire appearing in the said document,

4. If the said signature is proved to be fake, your mother can lodge a police complaint against her brothers for illegally faking her signatire to grab her share on her father's property.
Krishna Kishore Ganguly
Advocate, Kolkata
18430 Answers
447 Consultations

5.0 on 5.0

1. On what basis do you claim the property as ancestral?

2. If the land was owned by your grand father then it is not ancestral.

3. After the demise of your grand father all his children had an equal share in the land owned by him. 

4. If the signature of your mother was forged on the instrument of partition then she is required to file a case of cheating and forgery against her brothers. Additionally, she is required to file for partition in the court to claim her share. 

5. You can get your share in the agricultural land provided you take the steps enumerated above. 

6. Consult a lawyer and get going immediately as you are already late by 20 years.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

A.As per the Hindu Succession Amendment Act, 2005 the daughters are having equal right over the Joint family or ancestral property by birth as  coparcenars.

B. How 4 sisters has given the consent in favor of two brothers? Example: Release Deed or Register Relinquishment Deed.

C. As you said, your mother not participated in the partition deed or not released her portion in favor of her brother, hence she can file a partition suit before the court of law. In case, property records appear in favor of two brothers also your mother can challenge the before the Court. Contact a local legal expert.
B.T. Ravi
Advocate, Bangalore
833 Answers
56 Consultations

5.0 on 5.0

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