• Partition suit

Sir,
Certain properties were promised to be transferred by my grandfather to my father for his contributions to combined family and agreed in presence of elders verbally that the transformer in one of the plots will be removed by my grandfather at his expense and then properties transferred. Meanwhile grandfather passed away and then my father spent money from his own picket to remove the transformer and then properties name transferred to his name after his fathers death probably during UDR period. Not sure of the process adopted on how it was transferred. Since 37 years my father was cultivating in it. Now his brother family are claiming 50% share in the suit on this properties, how this can be defended - should we file a counter partition suit claiming the property or to claim for property title or any other option? what is the success possibility?
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

If the property is transferred in the name of your father then he can file a civil case for permanent injunction retraining your uncles from interfering in the property, either directly or indirectly. 

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

You would not be able to enforce verbal agreement 

 

2) it is difficult to prove 

 

3) on grandfather demise property would devolve on your father and his siblings 

 

4) his brother can claim equal share in property 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Basically the property belonged to your deceased grandfather who is reported to have died intestate.

Therefore the properties left by your deceased grandfather shall automatically devolve upon his legal heirs equally.

Your father's siblings are entitled to an equal share in the property which can be enforced through court of law if an amicable solution is not arrived between your father and his siblings in this regard.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You can file your counter claim in same suit of partition

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

As you said in your main question that properties have been transferred in the name of your father, this will be the base to contest the case. 

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

You were advised properly to go for an amicable partition among yourselves or file a suit for partition and seek your respective share in the property.

You may consult a local advocate and proceed as suggested.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Only verbal will stand aiongwith witnesses. You need some evidence to prove your case

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

You don’t have any documentary evidence of such verbal agreement 

 

2) you can prove verbal agreement by testimony of those present at the meeting called for by your grandfather 

 

3) they should be willing to give evidence that it was agreed that properties would devolve on your father 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

your father was in possession of the land for 37 years

he did not have any title except his share which he inherited from his father [ie your grandfather]

so your father was in possession of the entire land which includes the shares of the other legal heirs also, including the brother who has filed the partition suit 

so your father can take the defense that the property is not a joint property amenable to any partition but it is his own property since he has perfected his title to the same by way of adverse possession

you have to take this defense in your father's written statement 

also file a counter claim in this partition suit for a declaration that your father is the absolute owner of the property and has perfected title thereto by adverse possession 

engage a good lawyer please 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Proving an oral contract is difficult. After your grandfather's death, his estate will be divided between your father and his siblings in equal shares. If the property is transferred to your father's name, he has full rights to the property. Otherwise, all of your siblings and father own the property.

So first check the status of the property. whether any document is executed infavour of your father.

Otherwise, an amicable partition settlement is better. Plz consult a local lawyer      

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

1. Can you provide any evidence or witness from any corner in support of your claim that the said piece of property was  promised to be transferred  and there after verbally transferred in favour of your father by your grandfather?

 

2. Through which legal document the said property was transferred in favour of your father? You can find it out by conducting property search from the local Registrar of Properties.

 

3. If your Uncle files any partition suit claiming 50% share of the said property, your father can contest the same with the help of the foresaid legal documents/witnesses.

 

4. Alternatively, he can also claim title based on adverse possession of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can contest the suit based on the said verbal agreement and witnesses and also the legal document if found by you after conducting the property search as suggested in my earlier post.

 

2. You can also claim adverse possession as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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