Hi Me and my brother did a partition from my grand mother registered veelunama(1994) but my grandmother SOLD 1 acre to my brother in the year 2000.we did the partition.Now other kids of my grand mother sent us a notice that the veelunama is not valid as she sold 1 Acre for money and they are all eligible to get the property.my father and my brothers father both passed away.we are paying taxes and living in that property from past 10 years.but paying taxes on my father name from past 3 years.Please advise how to counter them?
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1) is the deed of partition duly stamped and registered? which year was partition done?
2) once partition has been made with consent of parties you would be absolute owner of your share in property .
3)your grand mother could have sold one acre of her share in property
4)if other legal heirs are challenging deed of partition they will have to move court in this regard.
5)contact a local lawyer and reply to the legal notice .
Who was the original owner of the property which had been partitioned in 1994? If this was the self acquired property of your grandmother then your grandmother was free to sell her share after the partition.
Send a lawyer's notice denying her claim.
Mere sending of notice by him will not do.
To claim his rights he will have to file a suit for partition praying for his share.
In the present circumstances I find no merit in his claim for share if you contest the partition suit properly.
Though your grandmother executed a Registered Will in the year 1994, she was alive after that and had sold one acre of the bequeathed property to your brother. This clearly indicates that the Will stands cancelled even before it became into force. Your grandmother's intention to bequeath the property through a will has been revoked by her by selling a portion of the bequeathed property before the will came into force (i.e., during her life time), hence the Will can be considered as infructuous. Just paying taxes shall not entitle the ownership of the property to you father nor he can claim marketable title just because he is paying taxes on his name. Instead of agitating over the issues, it would be better that you all sit and discuss about an amicable partition proposal and decide unanimously.
If no decision is arrived, let the warring party approach court of law for solution and relief.
Kindly clarify me that apart from one Acre are there any other properties to your grand mother. Whether your grand mother is alive or dead. If dead in which year. How many children are there for your grand mother. You said that your grand mother sold one acre to your brother. How did she sold, i.e. gift deed, sale deed, will etc. Whether it was registered or not.
Anyhow, by seeing the above facts given by you, it is a weak case and you do not get any right. Your bother is the owner of one acre land (if the gift deed is registered). Merely by paying municipal tax, you will not get title or right over the property.
1. After executing and registering the partition deed in favour of you and your brother, your grandmother has conveyed the title of the said property to you and your brother,
2. After registering the said Partition deed, she is no more title holder of the property partitioned,
3. So, she can not convey the title of a property or part thereof of which she does not hold the title,
4. Hence, her sell of the said 1 Acre of land to your brother from the already partitioned land of which she was no more the title holder, is illegal and invalid,
5. The registered Partition Deed is valid in the instant case and the sale deed for selling the 1 Acre of already partitioned land is invalid.
