Ancestoral property
Victor
(Querist) 08 March 2012
This query is : Resolved
In a village my friends grand mother had bought 5 acres of agri land way back 50 years ago. Her 3 sons subsequently taken over the 5 acres of agri land.
But the elder son taken 4 acres of land, the middle one was given 1/4 acre, 1/2 acre to last son. This was around 30 years ago.
Right now the entire land registration papers are with Elder son & his daughters & on his name.
Now the sons of middle son & last younger son are not content with this land bifurcation.
What is the way to obtain the justice from middle & last son?
Do they have to file in court, if yes ,some one says it would take decades of years to resolve?
ESTHERPRIYA
(Expert) 08 March 2012
Look need to check the Encumbrance certificate and check what are the documents done if they ahve taken everything orally and transfer made by usage of patta? Then with the available lands it is better to go for reasonable partition among themselves so that every person can enjoy their part individually as their own.
Victor
(Querist) 08 March 2012
Thank you Adv Esther.
The point is the elder one is enjoying since 30 years & he managed to make the land on his name.
Why he would bifurcate the land in 3 equal parts now?
If he is not resolving amicably what are the legal & swift process to middle & younger sons to have equal portion of thier mother's property?
Ghanshyam Prasad
(Expert) 08 March 2012
You have to file partition suit.It is not correct to say that in every case it takes more than 10yrs.
bhagwat patil
(Expert) 08 March 2012
Does record of right contains this type of bifurcation?if not just take the possession of respective area. If he has changed in ROR challenge mutation entry.
Anirudh
(Expert) 08 March 2012
First and foremost it is not an 'ancestral property' as it was inherited from the mother.
Further, at best, it is only the middle son and last son who can agitate and definitely not the grandson(s). If the middle son and last son had not agitated about the partition 30 years ago, one wonders how can they agitate now?
