My grand father and his brother had inherited ancestral property ( agriculture land ) around 20 acres . They were jointly doing the cultivation since 70 yrs. The property was not divided between two brothers. During this time around 1956 , my grand father had borrowed Rs 600 from grandmother’s elder brother. In return my grandfather has allotted or given them 2 acres of land without taking permission from his brother and also my grandmother. Meanwhile the sale deed is registered during that time only . My grand father expired in 1960 and his brother was alive till 2016. Noyrs 20 acres was divided between my grand father and his brother.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
What is the dispute?
If the property was enjoyed jointly and if both the brothers were having equal share in the property, then it can be deemed that your grandfather had since sold two acres of land out of his share, he is entitled to 8 acres alone.
Hence by mutual understanding the legal heirs of both the deceased owners of the property can partition the property and get the so drawn deed registered to make the partition legally valid.
What is your query
you have stated facts bit not your query
20 acres was divided between my grandfather ( he was not alive ) and his brother during 2015. It came to my grand mother . From my grand mother it came to my father , father brother and sister . Registration and khata is also done between all 3 now in our family. Now in 2022 , my grand mother elder brother’s grand son has put query with village account to make khata in his grandmother name ( as 2 acres was sold in 1956) We are in the position since 1956 to till date and being doing cultivation and also all property is registered and khata is done to my father , his brother and sister.
You can object to mutation of 2 acres of land in his name As you are in open ,hostile ,uninterrupted possession for over 12 years
As per the background fact, grandfather sold two acres of land long ago. Hence legally he has no rights over the property that has relinquished by him through a registered sale deed.
Partition of property is not barred by limitation.
If you would like to defend your interests in the said two acres of property then you can rely upon the provisions of law of adverse possession to some extent and to some extent on the partition that took place in the year 2015.
It depends on the effective pleadings in your written statement, documentary evidences and strong arguments to defend your interests.
Dear client, First, the legal act of buying and selling inherited land without the consent of all heirs is an illegal act before the law. Secondly, the legal consequences of buying and selling land on inherited land without the approval of all heirs are null and void.
Since your grandfather sold the jointly owned property with taking permission from his son. The sell is invalid therefore, your grandmother or anyother person is not obligated to give away the property.
You need to approach court in the said case
