My Grandfather owned total 24 acres of agricultural land , some shops and house properties. He had 8 daughters and 4 sons. Towards the end of 1970s (78-79) he had added his sons' names in the agricultural land(18 acres) and kept only his name on one parcel of 6 acres. This was not known to the daughters (My mother is one of the daughters). Grand father expired in 2001 . The Grandmother was tilling 6 acres of land till her death in 2017 via my youngest maternal uncle. After her death we find that except this 6 acres of land all the house property, shops and agricultural land has gone into the hands of my maternal uncles and their heirs. My mother and none of her sisters have signed on any document relinquishing their rights. As on date only the 6 acres parcel of land is in my Grandfather's name. We are continuting the arrangement of tilling that land by my youngest maternal uncle. However there have been attempts to take over that land by others. In 2018 the grandson of my eldest maternal uncle tilled 2.5 acres of land . With lot of effort by going to the police we could get him stay away from the land. Now my two other uncles want to barge in and cultivate though they have not been in possession of land. All the records of crops etc are in the name of my grandfather. They have told my youngest uncle that they will obstruct the tilling until the matter is settled. We are unable to visit the place due to the pandemic. My questions: 1. My maternal uncle is growing crops on that land and we want that to continue. However we do not have any documentary proof that we are cultivating the land so far. We had given complaint to police station in 2018 against an attempt to encroach but I doubt we have any acknowledgement. (the police buried the matter) 2. Now is there a case for us to stop others to cultivate this land ? how that can be done ? 3. Is there any case for us to take a stand that the whole property including the 18 acres + others like house and shops have to be partitioned ? (no registered partition deed in these matters ?) 4. What is the limitation for partitions suits ? and how does it apply to the above facts ? 5. Any suggestion as to what can be done now ?
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You should file suit for partition for division of 24 acres of land by metes and bounds
2) seek an injunction restraining sale of property by other legal heirs
3) there is no limitation for filing partition suit
4) you can seek orders that income from cultivation of land be deposited in court
You can file the suit for partition and seek interim stay in the same. The limitation is 3 years from knowledge of the said fact or the time when your right accrues.
The property was your grandfather's and he gave the 18 acres to his sons. Well, if it was his self acquired property there is nothing you can do.
The 6 acres belong to all the shareholders ie the 12 plus your grandmother and a partition suit must be filed.
1. File RTI for obtaining the copy of status report of that complaint.
2. File temporary injunction suit.
3. File a partition suit for all the properties.
4. It fully applies, there is no limitation
5. File RTI, Partition suit.
This 6 acres of land that still remains on your grandfather's name shall devolve equally on all his legal heirs consisting sons and daughters.
Your mother is entitled for one by twelfth share in that agricultural land.
2. Your mother can file a suit for partition and an injunction application seeking to restrain them from interfering in the agricultural activities till the disposal of main suit for partition.
3. If there was no registered partition but only oral partition done subsequent to which the properties were mutated to their name, then your mother cannot claim any share in it.
4. The partition is not barred by limitation.
5. Consult a local advocate and proceed on the advice received.
File a case under section 144 of crpc before theathe executive magistrate as well as an injunction suit in civil court.
Regards
The self acquired property of your grandfather shall devolve upon his legal heirs i.e. wife, sons, daughters each one share. If there is predeceased son/ daughter then the share of such legal heir shall devolve further on his/her legal heirs as per Hindu Succession Act.
If the grandfather dies without a WILL, then after his death the property will vest equally between his wife and children. The grandson cannot claim any right in the property so long as he himself does not qualify to be a legal heir. If the father of grandson is dead then the share of former will further vest to the grandson.
You have to file a suit for temporary injunction in the Court wherein you have to prove by an affidavit that your property is in danger of being damaged.
Contact a lawyer to help you file the suit. You can also lodge a police complaint for trespass under Section 441 of Indian Penal Code.
in your case, there is no limitation to file a partition suit.
1. You cannot stop others from cultivating the land without an order from the court if the property is undivided. The remedy in the hands of every heir is to file a suit for partition in the competent civil court to cull out the separate possession of individual share.
2. During the pendency of suit you can file an application for temporary injunction to stop others from cultivating the land.
3. Partition suit can be filed even now for the undivided land. It is not hit by limitation.
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1) If you can acknowledgement / copy of complaint it is fine, even if it is not there, you can give notice for partition of properties to your uncles and aunts.
2) File suit for partition of properties by metes and bonds, along with an application seeking injunction against all legal heirs restraining them from changing nature / alienating / creating third party interest in the property.
3) All the legal heirs of your Grand Father (GF) are entitled to equal share in the property unless (the other properties are Gifted / bequeathed by way of Will by your GF to you uncles).
If the same is distributed among them, all the properties are amenable to partition.
4) No, Limitation does not apply for filing suit for partition.
5) As stated at (1) after issuing notice calling all of your uncles & aunts for partition, you (your mother) can file suit for partition and seek her share.
1. On death of your grandfather his 6 acres devolved upon his your grandmother and your maternal uncles in equal share.
2. Niw on death of your grandmother her share again devolves update her sons and daughters in equal share.
3. In other words your mother has share in the property left by your grandmother to enforce which she can file a suit for partition and injunction.
4. Since partition has a running cause of action there is no limitation to file such suit.
1. The land owned by your grandfather being his self acquired land/property, he was well within his rights to transfer the same in any one name as per his desire.The land left in the name of your grandfather is jointly owned and possessed by all his class 1 legal heirs.However, if you are able to prove the exclusive possession of your youngest uncle, which documents are otherwise, the other uncles have also right over the same.
2. You have to prove exclusive possession, only then can get stay, which too is difficult, as no injunction against the co-sharer and each co-sharer is deemed to e in possession.
3.You can only seek partition of 6 acres of land, however, if you prove the other 18 acres to be a co-parcenary property, then you can seek declaration, partition and injunction.
4.No limitation period to seek partition.
Dear Sir,
The complaint copy with you may solve some purpose as well. In the present circumstances, you may also file injunction case along with partition case against the defaulting uncles restraining them for doing the nefarious activities. Your present case is under limitation.
You have possession, have to file injunction suit to abstain others from interfere. If grand father had not executed registered settlement deed than all have 1/12 share in every thing. 12 years limitation. Better file now.
Otherwise, all have 1/12 share in 6 acres.
File partition suit. and check through whats mode, grand father transfer the properties in sons.
1. Yes you can file a suit for permanent injunction restraining others to cultivate your land.
2. You can file partition suit to claim share from all the properties of grand father.
3. Generally limitation period is 10 years from date of transfer of rights or from the date on which you came to know about transfer of land.
