Can willed property be included in family partition
I got a land from my grandfather through death will (registered) when I was miner, later after my grandfather's death, my uncles are include that property in the family partition & documented as "Pal Vatni" & got signed from my father (that land distributed to my younger uncle). Now my question is :
1) Is that the right way they have partitioned family property ?
2) RTC is in my name, but my uncle is trying to takeover that property, how can I protect my land ?
3) Can I ask for my father's share in the family property without including my land in the family partition ?
Asked 4 years ago in Property Law from Bangalore, Karnataka
1) if property had been willed to you then you were absolute owner of the property .
2) your father no business to sign partition deed . was it duly stamped and registered?
3) on attaining majority you can challenge the partition deed within period of 3 years .
4) if partition deed is not stamped and regd then it is in admissible in evidence
Thanks for your quick response,
The partition deed was made during 1994 on plain white paper (not stamped & registered) and till date I was enjoying the property, my father recently passed away , now all my uncles wanted to register the property as per the partition deed (my father signed in 1994), now they are forcefully try to cultivate in my land..
Here how can proceed further to protect my land ?
Asked 4 years ago
1) since partition deed is not stamped and regd it is not admissible in evidence
2) refuse to register the property as per partition deed . the deed cannot be registered after lapse of 20 years now .
3) you are absolute owner of property . obtain injunction against your uncle from cultivating in your land and for declaration that you are absolute owner of said land