you can construction the same but it's better you go for a partition suit. Partition suit will also affect him severely as court will decide what he gets.
Issue on ancestral property distribution
My grandfather(having two sons) expired in 2003 left a house and land for farming on which my uncle was doing farming and my father build his portion of house 18 years back. House is build in symmetrical two equal parts(left and right) sharing common verandah and entrance. And farming land was being used by my uncle as permitted by my father after giving money from land which he never gave. Now when my father wants to divide property my uncle is creating issues - 1- 3 years back my father invested 10 lakhs rupees on his house portion for interiors, tiles and making a room. Now my uncle wants my father to give whole house to him for his 3 sons, which my father dont want as he invested so much money. So to avoid all issues now my father wants the house portion to be separate by making wall in between so that veranda and entrance are divided in half so that no interference is their life but my uncle is not agreeing on that and saying we cant do that. 2- My father and uncle came to an verbal agreement to divide farm land into equal halves and my father did boundary wall on his share using poles and wires, so that he can start farming on his share. But now after 6 months my uncle wants a portion of land on my fathers share on which boundary wall is already done and asking him to take some other portion. It will be a waste of money for my father which is around 3 lakhs and my father is not willing to give but my uncle is forcing. 3- Also he is not agreeing on exchanging pieces of some other land on mutual discussion and want good portions which my father dont want. So as per law can we divide 50-50 on which he is not agreeing? Please suggest what we can do legally in both cases. Can we construct a boundary wall in house to separate our 50% portion? Also after oral agreemnt and boundary wall is done on land , are we forced to give our share to uncle? Doesnt law enforces 50-50 share of ancestral land ? Thanks
Asked 4 years ago in Property Law
Religion: Hindu
15 Answers
Dear Sir/Madam,
As per law, the property is to be divided as by 50-50 share only between your father and uncle. In the present circumstances, you are suggested to serve a legal notice to your uncle for the said division and asking your uncle to get the verbal division documented. If your uncle is not agree for the same on the legal notice, file the case of of declaration and injunction against him.
File suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of land by uncle
3) take the pleathat oral agreement was entered into for division of property and on said basis boundary wall was constructed by your father
Yes, your father do have share in the property of house and farming land. Kindly file partition suit in the court and get divide property equally.
Do mention all property numbers and house numbers
File a partition suit .
This is the only solution.
Court will order the partion as per law.
Yes 50%50% share will be divided
- Since, your grandfather died without leaving any transfer document like WILL etc , in favour of his two sons , hence they should adopt a legal solution for resolving the issue forever.
- As per law, both having equal right to claim over the property left by your grandfather.
- An Oral /verbal agreement is not legally enforceable unless it is provable in court, and it must meet various requirements of contract formation.
- Hence, firstly they should try to resolve the issue amicably for the division of the property , and should execute a Family settlement in the presence of some witnesses .
- Even an unregistered family settlement deed is a valid document and admissible in legal proceeding.
- Further , if the process fails , then your father should file a suit for partition for getting a permanent decree from the court .
- Even they can settle the matter with the help of court.
Good luck and dont forget to rating Positively.
1. To divide property between two co sharer the best option is yo go for mutual partition deed.
2. If this doesn't work as it is in your case then you father can file a suit for partition.
3. In the said suit the court would first declare half share for your father and then through a court appointed commissioner would demarcate respective share of the brothers.
4. In the meanwhile ask your father not to loose possession of the property he is occupying.
1. See your father and uncle can mutually decide and divide the property and register a partition deed, if on the mutual discussion they are not reaching to any conclusion then a suit before the court praying for partition can be filed the court may order to partition the property equally. The court divide share of equal value to both parties.
2. Pending the suit you can continue using the area you are already using and can seek an interim stay order so no land is transferred.
Oral partition is valid. Constructed portion will stay in your father possession. If uncle is creating problem to erect wall, call the police.
Partition of farm land differently is waste and invalid partition. Your father can complain to police if uncle create disturbance on fathers portion of land.
Oral partition is valid and now uncle cannot force for unequal partition for his benefit. Your father can obtain stay from court.
Both have 50% share each in house and land.
1. If there was no proper partition between brothers then they can claim their respective shares in the property based on an oral partition and can prove the same by producing the documents to show that they are in possession and enjoyment of their respective share of proeprty ever since the said oral partition.
So a declaration suit can be filed by your father to declare the title to the property in his possession on the basis of the above information, provided his brother creates any problem to your father's intended action, in which he can file an application seeking injunction restraining his brother from interfering in his possession and enjoyment of the property till the disposal of main suit.
2. The said agreement may not hold grounds if a legal dispute is raised but your father can rope in village mediators to mediate in this dispute and to arrive at an amicable solution if not then the court will decide the case as per law and not as per their oral agreement.
3. If your father is going for a partition suit then he may lose his portion of property under his possession and enjoyment also, hence it would be better to file a declaratory suit as suggested in the first answer above.
If there is no consensus arrived between them then they have no option than to approach court for relief.
1. Verbal agreements lack enforceability at law.
2. Your father can file suit for partition in the civil court to divide the property through metes and bounds.
3. The properties have devolved equally on the children of your grandfather if he passed away intestate.
1. Your father should file partition suit for dividing all the properties which were inherited by them after death of your grandfather.
2. Claim relief of dividing the house by a wall for which both brothers shoulf contribute money and claiming the farm portion which was divided as per verbal agreement between brother after which boundary wall was build by your father.
3. No you will not be forced to leave the portion on which boundary wall was constructed.
4. Yes property will be equally distributed among both brothers.
Best option is to file suit for partition by your father, since boundary wall is already constructed, on the basis of oral agreement, your father can also seek injunction restraining your uncle from disturbing your peaceful possession and enjoyment of the property, creating third party interest / alienating the property.
They are entitled to equal share since your grand father died intestate.
First approach a good lawyer. He will file a partition suit and in that suit will obtain an interim order granting injunction against your uncle.
The law accepts family arrangements and if the families reach an amicable solution it maybe registered and the issue closed. But as nobody os ready to concede ground, you should file a partition suit as it is your ancestral property.
