Duration to file partition deed
Yeshwant
(Querist) 01 March 2015
This query is : Resolved
Hi,
An ancestor property belong to A, B, C, and D.
A is head of the family and B, C, D were child of A.
A and B Sold the ancestor property to party X in year 2011, which C and D were against.
After having arguments, A, C and D filed suit to cancel the Sale Deed.
Now, C wants to file Partition Deed on the land now. (2015)
Can C file partition deed on the sale Deed.
Note: Even after raising Sale Deed Object, the ownership of the land was transfeered to Party X.
Please advice, whether C and D can file partition deed separately now.
Thanks and Regards,
Yeshwant Gupta.
Kappil Cchandna
(Expert) 01 March 2015
Dear,
In whose name the property was registered and does X made sufficient enquires before buying the property ....
Kapil Chandna Adv 9899011450
Yeshwant
(Querist) 01 March 2015
Property was on the name of A. And X is relative of A,B,C and D.
Yeshwant
(Querist) 01 March 2015
Property was on the name of A. And X is relative of A,B,C and D.
Guest
(Expert) 01 March 2015
When property was in the name of A, how do you treat that the property was ancestral property, as already transferred in his name?
Yeshwant
(Querist) 01 March 2015
Yes, as a family head the property was in the name of A. But as it is ancestor property all the legal heir should be agreed to sale the property (as per Hindu family act, coper-cinor subject)
Guest
(Expert) 01 March 2015
If the property was in the name of A he was absolute owner of the property, no partition could be claimed during the life time of A.
Yeshwant
(Querist) 01 March 2015
But Sir,
On Ancestor property, all the legal heir has legal rights. And they have their own share on the property.
Correct me if I am wrong.
R.K Nanda
(Expert) 01 March 2015
C and D can also file partition suit in court.
Guest
(Expert) 01 March 2015
At first, you will have to intimate, how you are concerned with the case of A, B, C, D & X, etc.
Secondly, if you say ancestral property, you may have to reply several property related questions. For example, to which generation of ancestors the property belonged, who registered property in the name of your father, etc.?
Rajendra K Goyal
(Expert) 01 March 2015
Consult local lawyer and show him all the documents, property may not be ancestral.
Yeshwant
(Querist) 02 March 2015
We are have family hierarchy branch document. Generation wise. so there is no question, property is ancestor property.
Need to know, duration within which we can file the partition deed.
Guest
(Expert) 02 March 2015
The question is not about family heirarchy, but of ancestral property. If you believe that the property was ancestral property, it is not understood, why you have not replied my query, as per original sale deed, to "which generation of ancestors the property belonged"?
Guest
(Expert) 02 March 2015
The question is not about family heirarchy, but of ancestral property. If you believe that the property was ancestral property, it is not understood, why you have not replied my query, as per original sale deed, to "which generation of ancestors the property belonged"?
Yeshwant
(Querist) 02 March 2015
It was property of my grand father, which after his death, pass to my father.
Devajyoti Barman
(Expert) 07 March 2015
it is an ancestral property and liable for partition in equal shares among all legal heirs.
Biswanath Roy
(Expert) 15 March 2015
Serve a legal notice upon X claiming your share in the transferred property. If X disagrees for apportionment file a declaratory suit in civil court against X and file an injunction petition along with.
