• Division of agriculture land

Land is locate in UP, district Farrukhabad. The Agriculture land in possession of my family is not divided since last four generations - my, my father & his brothers, my grandfather and my great grandfather, My father has 2 real brothers and one step brother. The step brother inherited property from his mothers side and lived there with his family. and never claimed any share. My father and his two brothers have passed away, out of which one brother never married. Now my question is the grandchildren of my fathers step brother are claiming 1/3 rd share in the property in our possession, owing to death of my unmarried uncle they are claiming share in his share of property. Is this correct legally. Secondly do they really have a claim.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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12 Answers

On demise of unmarried uncle his share woukd devolve on his surviving siblings

2) in other words if your father survived his bachelor brother he would inherit his share in property

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Deed of partition can be executed for division land by metes and bounds

Deed should be stamped and registered

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. The land can be amicably divided by executing a registered deed of partition.

2. The share of your uncle has, in the absence of a will made by him, devolved through intestate succession on his legal heirs. So they can claim his share.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The step son has equal share since the uncle has demised his share shall devolve into surving legal heirs that are his siblings. So yes they have share in the property and can ask for the partion of the same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

They have a claim in the share of property. The best method would be to get the case settled through Alternate dispute resolution methods such as mediation, arbitration etc.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

A deed of partition can be made and registered with the sub registrar office to amicable devide the land. The stamp duty for registration can be paid the land can be divided and demarcated in the deed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Step brother have no right in ancestral property nor his children but have share in his father`s share - grand father share and of his children.

In deceased brother share no claim.

Grand father will distribute by 1/3rd each in his children. Through partition deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi

1) The children of your father's step brother can only claim share out of the allotted to their father.

2) The children of your father's step brother cannot claim share of their unmarried uncle.

3) So the partition of property will be like this.

a) First the property will be divided in to 4 shares(your father, his 2 brothers and 1 step brother).

b) Since one of the uncle was unmarried and is not alive any more, his share(i.e his 1/4 share in whole of property) will be divided amongst your father and another brother who is married and alive).

c)Step brother nor his children nor his grand children cannot claim any share in unmarried uncle's properties as they are not legal heirs to your unmarried uncle in any which manner as per hindu succession act.

4) For partition of properties, you should enter in to a registered partition agreement with all stake holders(our father, his 1 brother who is alive, 1 step brother and children of all of the elders).

5) If you anticipate any legal issues, then you should file a suit for partition in court of law and ask the court to refer to lok adalat for mediation and compromise. Lok adalats are useful in settling partition matters, provided every one makes a reasonable demand and are convinced by the court . Please note lok adalat are headed by district judges and orders of lok adalat are NOT appealable in any court of law (unless the party claims fraud)

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

For the mutual settlement A family settlement has to be entered upon and thereafter the same is registered in the registrar office and on the basis of the same the mutation is carried out.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Get in touch with a local lawyer for family settlement.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The share of unmarried brother shall devolve on all the surviving class II legal heirs alone.

If there is a complication or confusion then a partition suit before a civil court will be the best option to get a proper solution.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Partition suit before court of law will be the best option if the rival parties agitate or are not willing for an amicable partition and division of properties.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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