• Ancestral land dispute among shareholders

My grandfather purhased a land who died without executing any type of deed in anyone's favour for the above mentioned land. He had five sons , and land is still unpartitioned .. My father also died without executing any deed for above mentioned land . Now one of the other shareholder is not willing to give me share in this property . Now my questions are 
1. What legal actions can i take against him? Till now i dont have any proof to prove he is denying my right . He told verbally to other shareholders that he doesnot wants to give me share . 
2. Can my mother execute a deed in favour of her childs including me for abovementioned land without doing partition with other shareholders ?
3. What other legal options i have ?
4. Without partition of land should i construct boundary walls in one share of us ?will police help me doing this ?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1. On the death of your grand father is said land is devolved upon his 5 heirs in five equal shares and hence on death of your father you along with your siblings, if any and mother further inherit this 1/5th share of land among yourselves in equal undivided share.

2. So all the present co sharers have got their respective 1/5th share in the land and have further right of enjoyment and possession if it in separate allotments.

3. Now of any of them refuses to part with undivided 1/5th share to others then any of you can fie a suit for partition to claim your respective 1/5th share.

4. During the pendency of the suit r even before filing the same one can transfer his undivided due share in the land in favour of his legal heirs by way of Will or gift deed .

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Your mother , you and your siblings should issue legal notice to other co owners for division of property by metes and bounds 

 

2) if they refuse file suit for partition for division of property by metes and bounds 

 

3) you can with consent of other co owners construct boundary wall 

 

4) police would not help in constructing wall in absence of consent of other co owners 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. The land of your grandfather devolved on his children through intestate succession.

2. The share of your father further devolved on his widow and all children. Hence, you and/or your mother can file a suit for partition to cull out the separate possession of your share in the share of your father.

3. Your mother can also execute a will in respect of her share in the land.

4. Police will not help you in constructing boundary wall as the dispute is entirely civil in nature. You will require appropriate orders from the competent civil court which you can obtain by filing a suit for partition and injunction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First of all the property has not yet become ancestral.

Your father's share will devolve upon his sons daughters and wife equally.

Your mother can dispose her share only.

File partition suit for share of your father.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. File a suit of partition seeking your share in the property.

2. Mother can be made plaintiff along you in the partition suit with other legal heirs.

3. Alternate method is all heirs agree mutual and execute a partition deed.

4.  No you should not seek partition and demarcation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You can file partition suit against all brother of your father as defendants in the suit and you your siblings and mother as plaintiff of the partition suit as legal representative of your father. 

2. Yes she can execute relinquishment deed in favour of her children before proper partition of property.

3. No you cannot construct wall boundary without official partition of property and

4. police will not help you in this matter as it is a civil matter

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

All have 1/5th share each. And your father share will inherit in you (mother and all siblings if any). Have to file partition suit.

Mother can execute release deed to transfer her share in 1/5th of father to her children. No role of police, But if your father had possession of his share, you can construct boundary wall. 

Against any nuisance created by any, can call the police.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. You can issue a legal notice demanding partition and separate possession of your father's share in the property.

Failing to invoke any fruitful response, you may file a partition suit gathering all the legal heirs of your father on your side and the other shareholders on the other side seeking partition and allotment of your father's share in the property to you and other legal heirs of your deceased father.

2. No, she is also one of the legal heirs of yor deceased father, hence she  will be entitled to a her respective share alone.

3. Partition suit before court.

4. That will be illegal, police will not interfere in the civil matter, therefore without identifying your share in the property you cannot indulge in any such constructions works.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

You have to file a suit for partition immediately for getting your share.now if you kept temained silent,your uncle shall take the possession of whole property.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Issue a legal notice and demand your share

2.  If ancestral property then no if self acquired then yes. 

3. Approaching court for partition through suit

4. You can if the other heir doesn't object 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You have to file an appeal against order of SDO before the collector 

 

HC would not intervene as you have an alternative remedy 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Filing a writ petition would be the last solution. 

Before that you have to exhaust the remedies available before the same SDM court.  If an order under section 144 cr.p.c has been passed,  you may file a petition before same court to vacate the orders for the reasons you may rely upon. 

If your petition is dismissed,  you may prefer an appeal against the aggrieved dismissal before appellate tribunal. 

If you don't get justice in the appeal also then you can approach high court with a writ petition seeking relief. 

If the other person also has filed a suit seeking some other relief against you,  it may be challenged as per law in the same court. 

Thus without exhausting the remedies available before you,  your writ petition before high court would not be entertained. 

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Yes you can make police authority a party and file writ

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

you file an appeal against the order passed by the sdo before collector. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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