Partition suit filed ancestral property which has been sold in 1984
My Father’s younger brother has planned to file the partition case in one of our ancestral property. My Great Father was having 4 properties and he was having 4 Sons (namely A B C D). After the death of my great grandfather the properties were divided among brother orally before 75 years.
One Agriculture property was partitioned jointly between A & B. A is having 4 Sons and B is having 2 Sons. Under some family settlements A & B wants to sell the property in the market. B’s elder son wants to purchase the property and hence he purchased the property and registered the land in his name through a Sale Deed in the year 1984. The sale deed was jointly executed by A & B. Sons of Mr. A also a executed an agreement that they were aware of the sale, Mr. B younger son was a minor at the time of Sale.
Since 1984 the property is in possession of my family and the entire documents, Patta, Revenue Records and Claim from government under land acquisition was in favour of my father.
Now after 34 years my father younger brother is claiming his share in the property, whereas the property was sold by my grandfather along with elder brother to my father..
Please guide me whether my uncle can claim his share, what are the documents he require for filling partition suit in court. Who has to pay the court fee and how much in Andhra Pradesh.
Thanks & Regards. Mohd Aleem
Asked 6 days ago in Property Law from Kadapa, Andhra Pradesh
uncle cannot claim share in property
2)it is not ancestral property
3) it was sold by grand father after oral partition with his brothers
4) court fees would depend upon market value of his share claimed
5)it is state subject and varies from state to state
1. after great grandfather died, his 4 sons orally partitioned the properties among themselves
2. two sons then sold the property which had come to their share to the elder son of one of them
3. under Muslim law the shares of the legal heirs of the deceased person are fixed
4. there are 2 categories of legal heirs - sharers and residuaries
5. after the legal heirs in sharers category have taken their respective fixed shares, the legal heirs of residuary category can take their shares
6. in your case your uncle was required to challenge the sale between A and B to B's elder son, within 3 years of attaining majority
7. he did nothing of that sort
8. so his claim will be barred by limitation
9. to overcome that he says that he will file for partition - but if he does then you have to take the stand that firstly he has to prove whether he had any fixed share in the properties of your great grandfather as a legal heir and secondly that under the garb of partition suit he is trying to challenge the sale agreement between A&B in favour of B's elder son, after a lapse of about 34 years (which is clearly barred by limitation)
On equal partition between ABCD, property had become their personal property and they were free to sell/alienate their share in whatever manner. Uncle has no claim, also claim is barred by limitation.
From the contents it can be understood that the property do not fall under the ancestral category.
Once a property has been partitioned, the ancestral nature extinguishes, therefore in any event it is not an ancestral property.
Your uncle's claim on the basis of ancestral proeprty may not be maintainable.
In muslim law there is no provision for ancestral proeprty.
Moreover this was bought by a registered sale deed, hence he cannot claim any right in it since it belongs to the purchaser as his own and absolute property.
If he is threatening to file a parition suit, let him go ahead, he may fight a losing legal battle.
The court fee and the document relied upon are the burden of the plaintiff who approaches court.
As per the provisions of the Limitation Act, 1963, the time limit prescribed to institute a suit for possession for enforcing a right relating to an immovable property is 12 years.
Thanks you all for your kind Response. Can my uncle file Declaration Suit along with injunction? Whether court will admit the same?
Asked 4 days ago
Why you want to file suit ?
2) you will have to pay lot of money for court fees and legal fees
3) let uncle file suit
Since there is no such term called as ancestral property under Muslim personal law, no suit for partition under the banner of ancestral property will be maintainable.
Why do you think that he may go for declaration suit?
What is he got to declare?, title? or his share ion the property?
Dont jump into any conclusion on mere assumptions or imaginations that he may do this or do that, without knowing what he will do and before nothing comes out in black and white, dont keep worrying about a non-existent thing.
For that first he have to prove his share in property which is not in this case.