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 2 years 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
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.
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.
Actually in 1976 due to cieling act my grandfather randomly distributed his land among all sons( my father's real brothers) and it was actually not a distribution and just to save land from govt he randomly distributed his land. But my father has ownership (bahi) of land in his own name and has possession of land for last 10 years we have given land on contract to village people for last 10 years. Still my point is can my fathers real sisters take stay on land from court. Also land possessed by other brothers have sold some of their land already in past.
Also to mention that my grandfather did not created the property himself but was given to him from his mother and to his mother from my great grandfathers and so on.
Please let me know is it possible for sisters to take stay and land become disputed for next 10 years.
Asked 2 years ago
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.
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
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.