Regarding partition


my father had 4 sisters. 1st sister married on 1962 and dead on 1980 . she left  two children and husband as her heirs.

my grandpa died on 1979. 0n 1985 all the remaining three sisters make a registred settlement in favour of my father and he leftout to get sign from my aunts heirs as on that day said that as the sister dead no need for sign from the heirs.

now on 2011 the aunts son had filed a petition that they have right over the property. till now they know about all the proceeding of my father and they didnt do anything for that property. all the revenue records are in the name of my father.

what is the solution and what the indian law tell about this. kindly advice me

 
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Advocate

Legally speaking Your deceased Aunt did not relinquish her rights, or make any settlement.  Your father might have failed to get the relinquishment / settlement from her for whatsoever reason.  But the fact remains, she did not get her share in the property.  Therefore, upon her death, her legal heirs are entitled to her share.  

 
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pranams

thanks for your reply. 

i want to know that is there any way to defend them. bcoz my father had done all the needs for them as a brother as his father is dead. he feel that he is completely fooled by their sisters and their heirs. 

my aunt get married on 1965 and died on 1980 so on what basis the share should be given. on 1985 only the tamilnadu government had passed the right of properyt law. 

can we defend them by the time basis why they take these my years to file the suit.

suggest me in this regard

 
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Advocate

You clarify the following:

1. How your grandfather got the property - whether he purchased it or he got it from his father?

2. If he (your grandfather) got it from his father, in which year he got it?

 
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total three properties are there

one is ancestral and the remaining two properties are my grandfathers own property

and the ancestral one is given to him by 1970 (approx). can this case can be challenged by the adverse effect

my advicer told that the partition can be done according to 1956 hindu marraige act as she dead by 1980 the 1985 act cant be used in this specific case , is this right or wrong.

can the 2005 act implemented for our case.

 
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Advocate

You say: ancestral one is given to him by 1970

Who gave him?

How did that person (who gave him) got that property?  Did he purchase it? OR Did he get it from his father?  If so in which year he got it from his father?

 
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pranams

actually i dont know the full details as my dad is out of station. i will get the full details and mail you.

kindly suggest me about the barred by limitation fact and the 1956 act 

thanks 

 
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