Ancestors prooerty
josephraj
(Querist) 26 September 2015
This query is : Resolved
we are 5 brothers and 2 brothers live in village where the property is. we other 3 brothers live in out side the village. our father gave us(3 living out side the village) one dry area of about 4 acres which is ancestor property. my father gave the other 2 brothers living in the village some other properties earned by him. this is only a formal written agreement in 20 rupees stamp paper by all the 5 brothers and our father. now our father is no more. now one of the brother in village demands a share the property given to us only by our father, plz tell us whether he is eligible for a share in that ancestor property
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
The written agreement or consent given in a NJS of rs. 20/- can also be considered as a valid partition in the eyes of law especially if the same was acted upon and each individual share holder have take possession of their share of property by mutating the revenue records on their name. If the other brothers in the village claim a share let them file a partition suit before the court and you can challenge the same based on the documentary evidence in your possession.