• Partition

Hello,

My grand father has 3 sons. He had 50 acres of land. My two uncles gave 25 acres to my father via family settlement. 

My father wrote a registered Will giving the property to me. Accordingly patta and passbook mutated to my name. 

Now my uncles want to divide 50 acres into three parts. Is it possible to do that without my approval. Can they register a partition deed without my approval. 

Please let me know. Really struggling with this as revenue department and registration department are different. 

Thank you for all your help.
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

Demand of your uncle is not sustainable. Family settlement is binding, however, it is to be seen as to when family settlement was executed and also contents of settlement is also to ne looked. Uncles cannot carry partition on themselves. Your should take preventive steps so as to prevent any such  fraudulent registration.

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Is deed of family settlement duly stamped and registered 

 

2) if so your father was absolute owner of 25 acres of land 

 

3) your uncles cannot now claim share in land given to your father 

 

4) your approval is necessary 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It can be notices etc. Details required to be looked into. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Uncles would not be able to register partition deed for more than 25 acres of land as balance land has been registered in your name 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If your father is alive then the Will cannot be enforced.

If your father's brother's have executed a registered gift deed in favour of your father in respect of their share in the property, then they cannot claim partition of the property at this stage.

You can refuse to accept their demand 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have not confirmed that your father is alive or not.

If he is not living then you can file a permanent injunction suit against your uncles to restrain them from interfering with your possession and enjoyment of your property 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1.  If the property were to be your grandfather's self acquired property and if your father was given a share of 25 acres through a registered family settlement deed, then now your two uncles' are not legally entitled for partition of the property for 25 acres you are owning, without your permission.

2.   However, if the property were to be ancestral property of your grandfather, then all the coparceners shall have right over their individual share. 

3.   Having Patta, Passbook, etc are only secondary documents and do not confirm the title of the land.

4.   Bring an Injunction order against partition of the land by your uncles from the jurisdictional Court, as a preventive step.

 

  

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

- Since, your father got 25 acres of land by way of family settlement deed, then this land become his self acquired property ,and legally he was having his right to transfer the land to you by way of writing a Will. 

- Further, as the said land already mutated in your name , then it cannot be challenged by your said uncle , specially after the demise of your father. 

- Hence, he cannot now execute a partition deed without your approval as this portion of land is in your name. 

- If they try to grab the property , then you can file an Injunction suit before the court for restraining him from interfering in your land . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Your father received 25 acres of land through a family settlement deed. This land became his self-acquired property, and he had the legal right to transfer it to you through a will.

Since the land has already been transferred to your name, your uncle cannot challenge this transfer, especially after your father's death.

Your uncle cannot now execute a partition deed without your consent, as this portion of land is in your name.

If your uncle tries to take possession of the property, you can file an injunction suit in court to prevent him from interfering with your land.

Here are some additional points to consider:

  • The family settlement deed is a legal document that divides property among family members. In this case, the deed gave your father ownership of the 25 acres of land.
  • A will is a legal document that outlines how a person's property should be distributed after their death. In this case, your father's will left the 25 acres of land to you.
  • Mutation is the process of registering a change in ownership of property. In this case, the land was mutated in your name, which means that it is now legally yours.
  • An injunction suit is a type of lawsuit that seeks to prevent someone from doing something. In this case, you could file an injunction suit to prevent your uncle from taking possession of the land that is rightfully yours.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Yes you can do it with an injunction order 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

NO. You can file FIR for forging.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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