Partition of Joint property through court


We have agriculture land in rural on the name of my Grandfather. He expired 8 years back. Grand mother is still alive and she would become legal heir of the property which is on my Grandfather’s name.   My father and his brother (my Uncle) are separated with oral agreement 10 year back. We are 2 brothers and 1 sister and my uncle had two sons. My sister got married but she is not happy what my father agreed at the time of marriage. Recently my uncle demand more land than the part which was chosen by him 10 years back while partition and my father agreed for it because he don’t want fight. My question is….Even though my Grandmother is alive, Can i file a suit for general partition and separate possession on overall land (My father’s + uncle’s) which is on my Grandfather’s name to divide in to 5 parts (ours 3 parts and uncle's 2parts) to get my share. Could you please advise me?

 
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practicing advocate

After the death  of your grandfather , your grand mother , your father and your uncles wil be entittled for the equal share in the properties.  You can file a suit for partition and seperate possession of your share in the share of your father in the ancestral property.


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If the property was recored in your grandmother's name in Block  Land Office, it was wrong entry.After death of your grandfather, your father,your grand mother,your uncle are equal share of the property.You may file a Partition Suit against others co-sharer in concerned Civil Court.

 
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The property is still on my Grandfather's name. so my grandmother will get the share?

 
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Advocate

Applying the rule of notional partition the property is to be divided into three equal shares on the death of your grandfather and your father,your uncle and your deceased grand father will be entitiled to one-third share each in it.  Your grand father's share will further be divided equally between your father,your uncle and your grand mother.  Now yourself, your brother and your married sister and your father have one-forth share each in the aforesaid share of your father in the property as one branch of joint family and you can file a suit for partition and seperate possession of your share against all the co-sharers including the members of the other branch.

 
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Thanks Raghu, Further 4 acres of land registered by my uncle from grandfather 10-12 years back. it is  also ancestral property (it was registered on my grandfather name earlier). So can also include this property in partition suite? Thanks in advance.

 
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Advocate

Yes.  Provided you are able to prove that the property was purchased using the joint family funds in such partition suit.


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I have mentioned that it is  an ancestral property. Thanks.

 
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Sir my grand mother have 3acre property but after death of my grand father 2years back then 3persones my father my father sister and my uncle attached name on those property but that property buyed
 
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Sir my grand mother have 3acre property but after death of my grand father 2years back then 3persones my father my father sister and my uncle attached name on those property but that property buyed by my grand mother now conditions is that they all above three persone wants their share before. of my grand mother deing is it possible? is it correct.second thing is our total property is 8acre between 5 acre land is under cultivation and oraly my grandfather given to two sons theirs equal share means 2.5acre and 2.5acre but after death name of my father uncle my father sister and grandmother attached on papers and now my uncle and my father sister wants share in each land so is it right to give their share in each land or is if suit file against my uncle and my father's sister then our cultivation will be stop or not? and we belong Form Muslim family then as Muslim law how much part of my father sister
 
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