Procedure for partition of ancestral property
Guest
(Querist) 31 January 2014
This query is : Resolved
Dear Sir,
My mother is a retired Assistant Nursing Superitendent from Safdarjung Hospital,New Delhi and her parental home is Tohana,Dist.Fatehabad.Her parents have already expired and after their death,the ancestral property got transferred to her and her other 4 sisters and 1 brother as per Jamabandi Nakal (Fard).Her 2 sisters have given their share to their brother and other 2 sisters are undecided but my mother want her share because her brother & his family have always ill treated her and her mother to which her brother and other relatives from her parent side have objection since they are of belief that daughters have no share in parents property but as per law she is eligible.She has taken copy of Nakal from tohana tehsil and now want her share to be registered in her name after partition since her brother is not agreeing to give her share and since he and her relatives have good relations with tehsil people, they have told us that even if you go to tehsil for partition it will not happen and without partition you will not get anything.
We have hired one lawyer Mr.Chiman Lal Goel who sits in Tohana tehsil and knows our family very well and told him to get my job done but he is saying it is a very long procedure.We have given him latest Nakal copy & also map prepared by patwari but he is saying that notice has to be served to all the 85 people falling in the khewats & without their consent,partition can not happen & also you will get your share at 6 different places like 3 kanal in 1 khewat, 2 kanal in other khewat,etc which will be difficult for you to sell or give to somebody for cultivation.
As per Mr.Chiman Lal Goel, he had filed the application to Tehsildar,Tohana in Oct-2013 for partition but in December-13 he said your application has been rejected and now Tehsildar is saying to file 5 applications Khewat wise which he has filed in January-14.
Sir, we want your help in getting her share as we think that her brother & relatives are influencing the lawyer and also want clarification on below points-
1. Can I get my 3 acre share at one place all together as my brother & other 2 sisters are not cooperating means nobody comes for hearing in tehsil.
2. Also, when property has to be divided among we 4 family members then why consent of other people falling in the khewat has to be taken.
3. What is the time period within which tehsil has to do partition because my lawyer is saying it may take several years.
4. Can I take stay order on whole property as my brother may sell the property including my share by unlawful means.
5. Should I approach tehsil for partition or go to court and which court & is lawyer required in this case.
6. Can I directly go to court skipping tehsil.
Sir, we are writing this letter with lots of hope from you so that being a Senior Citizen Women, she should be saved from harassment and being a daughter, she should get her due share on time without any problem.
Thanks & Regards
Gurpreet Singh Bal
dr g balakrishnan
(Expert) 01 February 2014
Ask your lawyer to get any decision immediately and you move injunction on whole property as bound to be partitioned under law . yes all members have equal share as class 1 brothers and sisters, you can get injunction permanently till partitioned equally.
Move succession petition under succession Act as it is an intestate property as her father may not be any more now by producing a copy of death certificate that your mother can get from municipality or other LSG of the place where her father last stayed and died.
Court will issue a notification at your cost in the form of public notice...'anybody claiming rights can file in 30 days their objections and claims, if not filed those not filed may lose their claims and accordingly the civil court will decide the succession. that way no influence can help i believe even in a most corrupt State
Guest
(Querist) 01 February 2014
Dear Sir,
Thanks for your reply.I would like to inform you that property is already transferred in the name of all brother & sisters in the jamabandi nakal which I have got from tehsil and is verified by patwari but problem is everybody has equal share but not registered in names.
Which court can we move and can we skip tehsil procedure.
Shashikant V. Patil
(Expert) 01 February 2014
It is seen from your query that, already your name is entered in the jamabandi nakal, this makes your job very easy. As there are 4 names and its status is joint family property. Under such circumstances, you can file suit for partition in Tehsil court without any delay.
Guest
(Querist) 01 February 2014
Dear Mr.Patil,
As I have mentioned in my post above, our lawyer has already filed case in tehsil but he is saying consent of all 85 people following in khewats has to be taken for partition.
I want to know the exact procedure and also can I file case directly in court skipping tehsil.
Also, is there any time limit with in which tehsil has to give decision on partition.
Thanks
Shashikant V. Patil
(Expert) 01 February 2014
As per your query there are 85 co-parcerners in that Khetwas which is still undivided including your mother's brothers and sisters, so but naturally, consets are very much required whether you knock the door for partition in court or a Tehsil. All 85 persons have to be summoned and appeared before the authority to file their say. If you have, good relations with other co-parcerners as it is a need of everybody to divide this property among them because, no body can sell it without consent of each others. Hence somebody has to take initiative and convince to all about the forthcoming devils suffered to them either day or tommorrow.
uttamtibrewal@yahoo.com
(Expert) 02 February 2014
Dear Gurpreet jee....
The best remedy in ur case is to move to court and file for partition suit claiming ur share in the whole property left by ur deceased father....this action will stop them to sell any property before any decision is being made by court...
for any query or help do reply back
Guest
(Querist) 03 February 2014
Dear Mr.Patil,
Thanks again for answering my query but as I have mentioned in my original mail,my mother does not know most of the people falling in the khewats except her cousins because she moved to Delhi in 1965 to pursue govt.job.Also,our lawyer is saying that he is not able to find address of many people.Pl. confirm what if nobody comes to court on scheduled date to whom notice has already been served.How many times notice can be served,can other person falling in the Khewat raise any objection against partition and finally can our lawyer give advertisement in newspaper for non-tracebale people.
T. Kalaiselvan, Advocate
(Expert) 04 February 2014
@Gurpreet; First thing is that you change your lawyer, you should not engage a person who speaks in favor of other side people alone. You can skip the Tehsil court and go to regular court for filing the partition suit. I think your mother will be eligible to a share out of her father's share in the ancestral property, so there may be many coparceners, if summons are not served to untraceable persons, paper publication can be done, but before that you have to file a suit in the civil court.
