• Partition of property & demarcation of property

My grandfather along with his brother hired 4acres of land , there is dispute regarding devision of the land between brothers, recently my grandfathers brother has gifted his property to her granddaughter and on the next day she gave sale GPA to third party, but my grandfather nor his children has identified and which part to be taken by whom, please suggest me how to act to stop The sale of land by third party
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
There is no legal infirmity in selling the undivided share in the property provided the buyer is willing to buy it and claim partition at a later stage.  However, your grandfather can seek partition and separate possession of his share in the property even now, if he could not get an amicable reply or solution, he can approach civil court seeking partition by filing a suit to that effect. 
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. The gift deed made by your grandfather's brother does not suffer from any illegality, but the possession of the land cannot be claimed unless and until the land is physically divided. The sale of the land, in the absence of partition, will be illegal. You can seek a stay order from the court to preempt the sale.

2. Your grandfather or his legal heirs alone can seek a stay order from the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) your grand father can bequeath his share of 2 acres of land  to his grand daughter 

2) grand daughter can sell share to hird party 

2) your grand uncle can file suit for partition for division of property by metes and bounds 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
What is the title regarding the property in favour of grandfather and his brother ? Is the deed is lease or sale deed (My grandfather along with his brother hired 4 acres of land)

If they are the absolute owners of the property ,your grand fathers brother have right to alienate his undivided share in the property

Partition suit is the solution for getting your grandfathers share in the property.Also file injunction application for not to alienate / sell the property without  or before proper partition . 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Well,it is good thing that your grandfather has executed a will in your favor, but  please be aware that the Will shall come into force only after the demise of the testator. 
Your grandfather who has reportedly executed a Will in your favor bequeathing the said property but that will not confer any right to you to file any suit as desired.  Therefore do not be too anxious, let your grandfather file the proposed suit if there is a necessity.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Hi sir/madam, you have every right to get your portion of property as per WILL and also you have every legal right to over the said ancestral property of yours. If you want to stop the said sale transaction to the third party, you should file civil suit for Permanent Injunction not to alienate the suit schedule property to third party or any person till disposal of the suit before the jurisdictional civil court. You will get stay on the said property immediately. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1) why should you spend money on legal fees ?:

2) you had  mentioned earlier that gift deed has been executed in your favour 


3) let person who is aggrieved by gift deed move court and seek stay against sale of property by you 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Being the beneficiary of the will you alone are entitled to seek a stay against the sale of the land in the district court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Still your grand father is alive or not ?If he is not then you can file the case with the strength of the will if it is probated. File the case before munsiff court the valuation of property less than 10 lakhs other wise file before sub court .
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
1. You stated that your grandfather and his brother hired 4 acres of land,

2. So, none of them are the owners of the said land,

3. Not being the owner they can not gift/sle and/or deal with the said property,

4. However, if the property was jointly purchased by both of hem then they should have partitioned the land duly demarcating it with metes and bounds,

5. No gift deed is valid till the gifted property has not been demarcated by metes and bounds,

6. However, the donee now can file a partition suit to divide and demarcate the jointly held property.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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You can file a partition suit seeking division of the jointly held property by metes and bounds.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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