• Ancestral property ownership

Hello, my grandfather in 1976 distributed his whole property to his 6 sons including my father. Property was land, distribution was not equal and quality of land as well. My father has best piece of land which we want to sell but my father's 4 real sisters are taking objection and want re-distribution of the total land in 10 parts with equal quality and qty. But my father is not agree and has ownership (bahi) in his own name. So is it possible to sell land inspite of their objection or we have to fight civil case?
Asked 1 year ago in Civil Law from Jabalpur, Madhya Pradesh
1) was partition deed executed by your grand father?

2) how was distribution done please clarify 

3) if partition deed was executed your father can sell his  share  of land 

4) if sisters are aggrieved let them move court and seek injunction restraining your father from selling the land 
Ajay Sethi
Advocate, Mumbai
23116 Answers
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1. The property is not ancestral.

2. The division of property made by your grandfather cannot be reopened as your grandfather had the right to discriminate among his children at the time of dividing the property.

3. Your father is at liberty to sell his part of the land unless there is a stay ordered by a court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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If this was your grandfather's self acquired property then nobody can question his mode of distribution of his property to his children.
Whether the distribution or partition was in writing and the  same was registered before the concerned registrar's office?  If yes, then your  paternal aunts have no rights to reopen the settled issue and  make a claim in the way they are doing it now.
Even if it was unregistered or oral partition and ever since the partition the share of  property had been in the possession  of the respective share holders, then they have perfected the title by adverse possession too, therefore the third party cannot claim a re-distribution at this stage.  Even if  they file a case in  this regard, at this stage, the same may not  be maintainable. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
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1. Was a partnership deed executed at the time of division?

2. The bahi of land does not create ownership if there was no partnership deed executed.

3. In the absence of a partnership deed or family settlement your father's sisters are entitled to seek the partition by filing a lawsuit in the court. It will then be for the court to decide how the land is to be divided.

Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) what was the document executed by your grand father for distribution you have not clarified 

2) how was land transferred in your father name ?

3) was gift deed executed by your grand father? 

4) it appears to be ancestral property . Sisters an move court and seek stay .whether court grants stay or not would depend upon evidence on record 

5) it is necessary to peruse documents cited by you to advice 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
I dont think it will be possible for the sisters of your father to get an injunction on the property though they may file a partition suit because this is not a  recent development and the property has been in your father's possession for over 10 years.  If at all they obtain an injunction, your  father can file a petition to vacate it  on the basis of merits in his side. First of all ascertain the title on your father's name by some documents. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0

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