The Point #1 to 5 below explains the back ground of the Property. 1. MY Grandfather got total land of 20 Acres of ancestral property through registered partition deed on June 1969 b/w his brothers. 2. My Grandfather had 2 Sons and 1 Daughter, my Grandfather died on 1990, my father died on 2008, my father’s brother died on 2014 and my father’s sister died on 2010. 3. When my grandfather was alive my father got 12 Acres land and his brother got 6 Acres land through unregistered partition deed (Panchayat Paarikath) on May 1980 without my grandfather’s signature. The Khatha, RTC have been changed as per the schedule in the unregistered partition deed. 4. On 2001 Court has been passed a decreed Judgment for 7 acres out of 12 Acres from my father’s share to X person without cost due to adverse position (more than 13 years of enjoyment by X person). 5. On 16-Nov-18 my father’s sister’s children filed a civil suit to get 1/3rd share from my grandfather’s share (20 Acres). Based on the points mentioned above we would need your valuable legal suggestions for the following questions. 1) The Civil suit filed by my Father’s Sister’s children to get 1/3rd share from my Grandfather’s property have any legal right? (When both my Grandfather and Fathers’ sister are not alive as on Civil Suit date 16-Nov-18). 2) If my Father’s Sister’s children have legal right of 1/3rd Share of my Grandfather’s propriety what will happens to the following a) The unregistered partition deed between my father and his brother without my Grandfather’s signature when he was alive on 1980 is valid or not? (Grandfather died on 1990). b) Decreed Judgment passed on 2001 in favor of X person without cost for 7 acres out of 12 Acres from my fathers’ share. c) My father’s brother sold all his 6 Acres share to Y person. d) How many acres my father would be getting if the Court decree is not cancelled.
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1) your father sisters children have one third share from grand father property
2) partition deed between father and his brother would not deprive the sisters children of their share in property
3) the share of sister children would be out of only 13 acres and not 20 acres
4) they can in suit seek orders to set aside sale deed
5) your father would be entitled to only .4.33 acres of land
It is not valid in eyes of law. The civil suit is valid as its ancestral Property. But the distribution as per the Registered partition deed is proper and not challenged then the suit will be dismissed. Also the limitation issue can rise
Dear Sir,
Ans: Ancestral property definition is nothing but a property inherited from last four generations.
Ans: No, not entitled if not satisfy the definition of ancestral property. However if satisfied the definition entitled for a share.
Ans: It is invalid since the father has not signed.
Ans: Then the contents of the same and findings on each issue to be perused.
Ans. Thus the shares of your father and your uncle are already defined, it is very difficult for your aunt to get a share.
Ans: Both brothers get equal share.
1. Since since the property was partitioned between grand father and his brother it won't be ancestral and sisters legal heirs will have right in same.
2.a. Since grandfather signature on same is not there same would not be maintainable.
B. Sisters children will get share from the remaining property.
C. The sale deed can be set aside by court and amount has to be given back.or the amount earned from sale share of same has to be given to them.
D. Remain 13 acres he would get 1/3 share.
Below are the answer to all your questions:
Answer 1: Earlier, according to the ruling, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. and the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005. However, on February 2, 2018, Supreme Court has made it a general rule that a daughter, living or dead, on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right. So your father's sister children has equal rights in grandfather property 1/3rd share.
Answer 2:
a) No its not valid, there should any agreement between two brothers against this property.
b) Need to know why the X person has filed case against your father and why the decree was given in favor of X Person. need to review the history of this case to provide perfect guide line.
c) Your uncle is responsible for 1/3rd share of his own.
d) If we assume that the 7 acres land were disputed from your grandfather's time then we can minus that 7 acres from 20 Acres so it will be 13 acres and this will distribute equally among 3 legal heirs. each will get 4.13 approax ( Four Acres 13 guntas).
1. No the children of the sister do not have any right on the property.
2. Note that only the sister during her lifetime had the right on the property and after the lifetime the son of the sister do not have any right on the said property.
regards
The 20 acres which your grandfather got on partition became his self acquired property
The children of your grandfather would become entitled to this property in equal share only if your grandfather had died intestate and he had not disposed of the property in his lifetime
So when your grandfather was alive there was no right accrued on your father and brother and thus the unregistered partition deed is of no consequence and is not binding on your aunt or her legal heirs
So after demise of your grandfather, her daughter became entitled to 1/3 share in the 20 acres. On her demise, her 1/3 share will devolve on her husband and children equally
So the suit filed by legal heirs of your aunt is maintainable
The outcome of above suit will not affect the portion which was decreed in favour of X, subject to any order passed by court in the legal heirs suit to the contrary. However the legal heirs will have to join X as party defendant in their suit
The disposal of 6 acres by your uncle to Y is also illegal
1. The civil suit filed bythe childrfen of your paternal aunt seeking one third share out of their grandfather's property towards their mother's share is very much maintainable, there is no legal infirmity in it.
2. a) The unregistered partition deed is not valid in law.
b) since it is by a court order, that portion of property may be deleted or the plaintiff can seek share in that portion of property too.
c) The buyers also can be roped in as parties to the partition suit.
d) It depends on how your father would defend his interests and on the basis of commissioner's report on this.,
