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Property dispute (Property Law)

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This query is : Resolved


Author : prashant pawar

Posted On 10 May 2013 at 14:02

I belong to hindu family, i have agriculture land. according to record of rights a part land was transfered to my father by his grandfahter by an application to talathi, the land was self owned by himself. the other part of the same land was purchased by fathers grandfather on my fathers name he was 21 years that time. its been 4o years the whole land is in our possesion.
my fathers brothers (my uncles) r asking for equal share in that land.
after the death of my fathers grandfather, my father and the other members of the family had made a partition deed on a blank paper in which all the properties of my fathers grandfather were redistributed among themselves, in that partition deed my fahter gave a share to his younger brother in the first part which my fathers grandfather had purchased. the partition deed was executed on only one property and the rest were unchanged and r sold out by others which belonged to them before partition.
do the members of the family hv share in my property.




Expert : P. Venu

Posted On 10 May 2013 at 16:38

Conduct of the querist's father concedes that the whole property belonged to the grandfather. The querist's uncles have legitimate rights to ask for their share.



Author : prashant pawar

Posted On 10 May 2013 at 17:55

respected sir,
the land is 40 acres, out of 40 acres my grand grandfather had 4 acres of share which was purchased by himself, 18 acres of land was purchased on my fathers name by my grand grandfather, the sell did is on my fathers name. remaning part of 18 acres my grand grandfather had adverse possesion which he transfered to my father. on 7/12 there was only my fahters name, after his death my mother, me and my younger sister as a legal hire has got names on 7/12.



Expert : Rajeev Kumar

Posted On 10 May 2013 at 20:29

Dear querist, As from the query 18 acre was purchased by your grand grandfather on your father name means the property was purchased from the karta ( Manager) of the joint family on the name of joint family fund. So the property is not the self acquired property of your father and it is joint family property. All the legal heirs have right in the property so your uncle demand is legal.



Author : prashant pawar

Posted On 10 May 2013 at 23:50

respected sir,
karedi khat (sell deed) is on my fahters name, even if it is purchased by my great grandfather,
please guide me,
thanku



Expert : Rajeev Kumar

Posted On 11 May 2013 at 00:32

Well it is on your father name the property was purchased from Joint family fund and on the name of a member of Joint family. It is joint family property and at the time of execution of sale deed on your father name your family was joint and no partion have been done at that time later it was partioned so your uncle have lepal right in that property. Now the burden of prove depend upon your uncle that he has to prove that the property was purchased from joint family fund so it is joint family property and he has legal right in that property.



Author : prashant pawar

Posted On 11 May 2013 at 09:10

respected sir,
thanks for ur guidence,
my great grandfahter had purchased properties on each an every member of the family, after his death there was a dispute in court, all of them made a suleynama including my father in front of the court stating that all the properties belonged to huf and needed to re partition, in sulenama it is specified that the part of four acres purchased by my great grandfahter is huf and rest belonged to my fahter.
other thing is that the partition deed was never executed and all the properties were sold out except my.


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