family agricultural land partition

Dear Querist,

How has the partition taken place ?

Is there any "will" of your grandfather ?

Regards

kapoor.legal@gmail.com

Issue : 

1. After Partition Does Ancestral Property lose its Ancestral Charecter? 

Yes,After Partition Does Ancestral Property lose its Ancestral Charecter? Any property divided through a partition deed, family arrangement, etc. loses its ancestral character. "The pre-requisite is that the property should not have been divided by the users in the Hindu undivided family as once a division of the property takes place, the share or portion which each coparcener gets after the division becomes his or her self-acquired property," says Hardeep Sachdeva, senior partner, AZB & Partners. The Supreme Court in 2016 has given a judgment to the effect that any property which has been previously partitioned or which has been distributed in accordance with Section 8 of the Hindu Succession Act, 1956, on principles of intestacy ceases to be joint family property and no suit for partition can lie in respect to such property.

.2. Is Registered Will by your Grandfather to you valid?

Yes, Since After Partiton of Ancestral Propety it losses its Ancestral character. Your Grandfather gifted you his own property(Partitioned land) .Yes it is Valid.Grandfathers Son(Your Father) and 2 Daughters have no right over Registered Testamentary propety.Unless your Grandfather makes a new will and registers it.

3. Can you File a case agianst GrandFathers Brothers and people who hold our 20 acres would it be successful ?

Grandfathers Brothers and Other people  have got title to property in 1985 (according to your info) ,So any suite filed by you will be barred by Limitation Act .,i.e.Barred by time limit.So cannot file.Plus you will have to find all the original documents then trace back the property and the people who illegaly acquired your grandfathers property and prove that you have a BETTER TITLE TO THE PROPERTY THEN THEM.

You Cannot File suite ,Barred by Limitation Act and No better Title. Suite filed will not be successfull.

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Dear Querist,

Do you have anything to support the ownership of your grandfather with respect to 40 acres of land ?

Regards

kapoor.legal@gmail.com

Will my Brothers and Sister have Calim over the Property?

No your Brothers and Sister will not have claim over the property. Because it is not ancestral property.

Same Query;

https://www.lawyersclubindia.com/forum/agreement-183306.asp

The legal heirs of deceased owner/title holder have right to approch courts of law that are Parens Patriae.....( Parent to the Nation) and this right cannot be infringed upon..

However courts decide on provisons of law, sorrounding facts and merits..