Inherited Property Partition
My grand fathers are 3 brothers. My grandfather had 2 sons and one had 2 daughters and one had 1 daughters. One grand father gives their properties to my father and uncle. Then another grand father dies and his property transferred to his wife and after her, the property was transferred to daughter. Then she want to sell their property, so they sold their property to my uncle but my uncle cheated her. So there was a case between them in the district court. After some years my uncle lost the case and then once twist comes again, She sold their property to one another guy. But again my uncle put the case in high court and still the case is their.
Now we want to split the our inherited property and want to separate the disputed land but the third party guy (to which my fathers sister sold the land) is not ready for it.
So there is any procedure to do it.
Asked 4 months ago in Property Law from Gurgaon, Haryana
1) file suit for partition for division of land by metes and bounds
2) in alternative as co owner you can sell your undivided share without consent of other legal heirs
3) section 44 of transfer of property act provides co owner can sell his share without consent of other co owners
Your grandfather settled his properties to your father and your uncle (your father's brother) and this property remained in joint possession without partition.
If it is so from where a third person coming into picture?
Did your aunt sell your father's share of property too along with hers?
Or whether your uncle sold your father's share of property also to some other third person?
Whatever the case may be, since your father is entitled to a rightful share out of his father's property he can very well file a partition suit seeking partition and possession of his legitimate share in the property.
Consult a local lawyer and proceed further as per his/her advise regarding partition suit.
It seems that your uncle had filed an appeal in the High Court against the decree of the lower court whereas the daughter had sold the property to a third party. Since the appeal is still pending the transfer is subject to the outcome of the appeal. The land which is not the subject matter is lis before the HC can be divided amicably through a partition deed.
1. You shall have to file a partition suit claiming your share of the property to be divided and demarcated with metes and bounds,
2. The said buyer also shall have to be made a party in the said partition suit.