• Ancestral land partition

My father has been cultivating a larger portion of my grandfather agricultural land from past 30 years. He got three brothers and all of them have been cultivating a lesser portion of my grandfather's ancestral land all these years. All of my fathers brothers are dead now and my father is the only son alive. The problem now is sons of my father's brother who feels that they didn't get their due share from grandfather's land and are of the opinion that land should have been equally divided among all the brothers and are threatening my father's of dire consequences if he didn't agree to their proposal of equal sharing. My question is since it's has been more than thirty years my father has been cultivating and taking care of the said agricultural land and all of his brothers are dead, should my father agree for his brother's son proposal of equal sharing? What will be the worst possible scenario before me and my father if we didn't agree to their proposal?
Asked 14 days ago in Property Law
Religion: Buddhist

7 answers received in 1 day.

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8 Answers

Your father should agree for equal sharing of land 

 

2) nephews can file suit for partition for division of land  by metes and bounds 

 

3) since grand father died intestate your father and his 3 brothers had equal share in said land 

Ajay Sethi
Advocate, Mumbai
80588 Answers
4946 Consultations

5.0 on 5.0

Dear Querist

If there is any Will made by your grandfather in favor of your father regarding that land then it is okay, your father is the absolute owner but if there is no will of your grandfather then your siblings are rights and they have an equal share in the property as per Hindu Succession Act-1956.

Nadeem Qureshi
Advocate, New Delhi
5888 Answers
279 Consultations

4.9 on 5.0

1. Better to resolve the issue by convincing your cousins' to come forward for a settlement with your father and to agree for a much higher share to your father as he has been cultivating the grandfather's land, since last 30 years. This can be done by executing the Family Settlement Deed by all the legal heirs.

2. Worst possible situation would be, equal share of land by all the four sons and daughters of your grandfather.

3. Assuming that your grandfather had only 4 sons and no daughter, then the 4 sons get equal share of each getting 1/4th share each.

Shashidhar S. Sastry
Advocate, Bangalore
3348 Answers
190 Consultations

5.0 on 5.0

Your grandfather's property upon his intestate death shall devolve equally on all his legal heirs. 

If any of the legal heirs of yor grandfather had died then their rightful and legitimate shares in the properties shall devolve on their own legal heirs i.e., their children and widow, if living.

Just because you father had been cultivating the agricultural lands for three decades, he cannot derive title to the entire properties.

His siblings are entitled to an equal share in the properties that was left behind by his deceased father.

The claim made by the legal heirs of your deceased paternal uncles for an equal share at par with your father is legally valid and cannot be denied for any reason. 

The children of your deceased paternal uncles are the legal heirs of their respective fathers hence they have inheritance rights in the property hence it would be advisable that you people sit and talk with them to arrive at an amicable settlement for a mutually agreed partition and draw a partition deed to divide the properties as per the mutually agreed conditions and get the partition deed to enable each of them to have separate possession and enjoyment of their respective share in the properties. 

T Kalaiselvan
Advocate, Vellore
70624 Answers
987 Consultations

5.0 on 5.0

Hey, 

Generally ancestral property is to be equally shared among all the heirs. If your fathers wants to divide the property in different proportions then you will have to approach the court with string reasons as to why the other sons should not get an equal share. 

 

If you found this helpful, do visit 

Anik Miu
Advocate, Bangalore
188 Answers
1 Consultation

5.0 on 5.0

since your father was cultivating a larger portion of your GF land for more than 30 years, it can be argued that your father perfected his title to the said land by way of adverse possession

however he will have to file a declaratory suit in a civil court for the above purpose i.e. to declare him as exclusive owner of the larger portion of land which we has been cultivating since past 30 years without any hindrance from the owner and his sons [i.e. your father's brothers and on their deaths, their respective sons]

Yusuf Rampurawala
Advocate, Mumbai
5920 Answers
43 Consultations

5.0 on 5.0

- Since, the said land is an ancestral property, then it can be claimed by all legal heirs , and after the death of any legal heirs , his respective share would be devolved upon his legal heirs. 

- Hence, after the death of brother , his son can ask for his fathers equal share in the property. 

- If your father will not agree , then his brothers son can approach the court after filing a Partition suit .

Mohammed Shahzad
Advocate, Delhi
5982 Answers
60 Consultations

5.0 on 5.0

They may approach court with a partition suit in your matter

Prashant Nayak
Advocate, Mumbai
23026 Answers
49 Consultations

4.4 on 5.0

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