• Family disputes

Okay..this is my first question at KAANOON.com and with all hope that genius legal advisors reading my question can understand my situation.

There were two brothers A & B. A got three sons as A1, A2, A3 & B got two sons and a wife as B1, B2 & B3. A3(after demise) got a son and wife as A31, A32.
My question is with respect to B1 (who in this case is my father and he is facing property issue). There were two distribution took place in which joint properties of A & B were divided, after the demise of both A & B, in the presence of A1,A2,A3 & B1,B2,B3. Two legal heirs from both parties were given special presence importance and they were A2 & B3. 
Both the below distribution cases happened on stamp papers, they aren't notarised nor registered.
At the end, it is also mentioned as a note that both the parties will help each other in completing their documentation (registration, name change, possession, etc.) works if and wherever needed. 

At first distribution of A & B, in which a land which was on the name of A went to B, against which A took another piece of property. Now B got the ownership of A's property. 

At second distribution of B's property, for which the legal heirs were B1, B2 & B3. As earlier, we discussed that a piece of property which belongs to A went under the ownership of B, and this property further went to B1(which in case is my father) and rest two (B2 & B3) took another piece of B's property.

Now, years went by and B1 is asking A1, A2, A3 to give the legal possession, which they haven't given since distribution of A & B, of the property to B1 but they aren't helping and every time they are making some or the other excuses. As the property is in different state, all the A1,A2,A3 need to go there and make signatures to give the possession but they aren't going over. To which B1 suggested that A1 & A2 should make a power of attorney in the name of A3, and then A3 will go with B1 and transfer the possession to B1 as legal owner. But A3 also made excuses and power of attorney got lapsed in an year. After two three years, A3 passed away leaving his two legal heirs behind A31 & A32.

Still B1 is asking for legal ownership transfer from A1, A2, A31, A32 and they aren't doing that.

What should B1 do now? What should be the better way to sort out this problem legally? 
Please help B1.

NOTE- From past few years, B1 has gone through very major operation and still facing financial issues and still he is fighting for his property.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1. issue the legal heirs of A a legal notice to execute the legal transfer document to transfer A's property to B1

2. if they do not comply then B1 will have to file a specific performance suit against legal heirs of A

3. Legal heirs of A cannot even deny the property distribution between A and B, despite same being only on a stamp paper, because A got the property which was owned by B but B did not get the property which A was supposed to give B

4. Claim damages and mesne profits from legal heirs of A for depriving B1 of his property which as per distribution agreement, should have gone to his father B

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Cleint,

First of all, such exchange is not valid. Without registered deed, ownership in the property do not transfer.

Ask B1 to claim B property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The documentation seems to be a partition by metes and bounds.

2. Since the deed of partition was not properly done by way of a registered document and it was not acted upon either, it raises lot of disputes as regards mutual allocation and demarcation of shares.

3. now if all of you agree then go for a fresh registered deed of partition taking along all the co sharers.

4. If this can not happen then suit for partition remains only option which if contested takes time.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

B1 should file declaratory suit that he is absolute owner of property

2) rely upon un regsitered family arrangement entered into between the parties

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

hello

this is an instance of a family arrangement wherein family members themselves decide among themselves that they would take a certain piece of land in place of another and in return, they hand out another piece of land.

these family arrangements are honoured by the law and hence whatever agreement you had, even if unregistered does have a legal backing as based on these agreements you must have used the land as per the agreement. your father took his share which legally belonged to A's side but by a family, the arrangement had been transferred to B's side. a suit for declaration and partition should be filed in the district court, Kota.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

he needs to file partition suit if they are not giving B1 the possession.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Hi,

In the present circumstances B1 can file civil suit against A1,A2,A31 AND A32 for the partition and declaration as per the agreement.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

There will be no solution arrived if the oral requests are going on.

Nobody will be bothered to accede to the requests of B1 because they are not going to be benefited in it, hence the next step is to take some legal steps for it.

Accordingly you may first issue a legal notice seeking possession of property in view of the oral partition that took place.

If they dont comply with the demand made, you may file a suit for ejection and possession of the same through a civil court.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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