• Partition on ancestral property

I am an NRI and have ancestral properties(both house and farm land) in Bihar & Jharkhand. The properties were inherited by my father and his brother(my uncle). My father has passed away few years back and my uncle has sold small part of farm land without getting my consent. I am interested in partition of all the ancestral properties. Would appreciate any advice on handling this situation.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

22 Answers

You can file partition suit and as an interim relief obtain stay agasint alienation of property. This can be done by giving POA to any of known/trustworthy.

But NRI cannot hold farm land even by inheritance. So, better sold your portion in it instead of returning to govt.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

 You can issue legal notice to your uncle for division of property

 

2) if he refuses You have to file suit for partition for division of property by metes and bounds 

 

3) seek injunction restraining sale of property by your uncle 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7531 Consultations

5.0 on 5.0

He can get partition done by mutual understanding by signing MOU and than getting registered it with registrar. If any one is not satisfied than can move to the court for partition deed.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Ancestral properties are differently defined legally and your properties in question is your paternal properties.

 

2. Collect the details of the properties inherited by your father and Uncle first and thereafter file a partition suit before the Civil Court.

 

3. You can also make the buyer of the said farm land  an additional party and pray for cancellation of his sale deed which has been registered without your consent/signature.

 

4. Once the partition suit is filed, your uncle is likely to approach you for making settlement of the said inherited properties. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You are correct you cannot buy agricultural land but you can inherit agricultural land 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7531 Consultations

5.0 on 5.0

Correction to above, NRI can inherit farm land but cannot acquire/purchase*

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

-  As per law , an Ancestral property be cannot be sold without the consent of its successors.

- If , any property disposed without consent of the successors , then it can be reclaimed.

- Hence,being the legal heir of your deceased father , you have equal share in all the ancestral properties.

- Not, only share in the remaining properties , but also can claim the half consideraton/sold amount of the disposed amount from your uncle. 

- You should sent him a legal notice for claiming your right in the properties.

- If, no response, then you should file a Partition suit against him .

- You can file this suit via POA holder in India as well.

 

Good luck and dont forget to rating Positivley.  

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

you should file partition suit against your uncle for partitioning your ancestral properties. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

NRIs cannot acquire agricultural property but they are allowed to inherit it. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file a partition suit for partition of the ancestral property,

you can file an application to obtain a stay against alienation/sale/transfer of the property.

your assumption is CORRECT

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

See you can before civil court / revenue court as per the jurisdiction can file for partition along legal heirs of father or alone and further can seek cancellation of sale done by uncle without consent.

Further in case uncle is ready to mutually make partition deed then in that case you can register partition deed and divide assets accordingly.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can inherit an agriculture land there is no issue with same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Immediately you issue notice to your uncle asking for partition of the properties.

If he  denies, you have to file suit for partition before court of law.

Further, you can file an interim application seeking injunction against your uncle from dealing with the properties and also from changing nature of property and  / or creating third party interest in the same till disposal of partition suit.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You are NRI, still you can inherit agricultural land. Yes you can keep farm land on your name that's correct what you have assumed.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

However, as a non-resident Indian, you cannot purchase agricultural land in India but your right in ancestral property shall be protected despite the fact that you are an NRI. If your uncle has sold some portion of the property without partition you can file a civil suit and challenge the said transfer. Transfer of ancestral property through the execution of sale deed is void because other interested parties had not given their consent. All the coparceners of the joint Hindu family have vested right in the property therefore without first getting a partition of the property no coparcener can sell the property without taking prior consent of the other coparceners.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You can execute partition deed if all are ready. Otherwise need to file partition suit in court. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. You have to challenge the sale deed through a suit for declaration to declare it illegal, seek temporary injunction during the pendency of the suit and also seek partition to cull out your share in the land.

2. Surely, there is no impediment in inheriting agricultural land.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If partition between your father and uncle was done by registered partition deed. Then you don't have to do separate partition.

And if partition is not done then ask your uncle to do partition of property if he doesn't agree for partition according to metes and bound then you have to file partition suit against your uncle. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can talk to your uncle for an amicable partition of all the properties now jointly shared by your deceased father and him.

If he is not agreeing for an amicable solution then you can file a partition suit and claim your legitimate shaer in it with separate possession.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

This is inheritance, which means your rights over the properties left behind by your father as his successor in interest.

Being a NRI will not disentitle you from inheriting the properties.

You can very well go ahead with your proposal for partition or partition suit.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

You should file a suit for cancellation of sale deed in the court as your uncle sold a part of the joint family property without the consent of the shareholders.

For partition file a partition suit and make all the shareholders a party to the suit.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can buy farmland if you have or have inherited farmland.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer