Agriculture land of Grandparents to son or grandson
sangameshwara
(Querist) 02 February 2011
This query is : Resolved
Kindly adivse me for the bellow:-
We are having a agri land in tamil nadu (thiruvanamali dst, cheyyar taluk) arund 3 ackrs, after my grand father and grand mother death, my father & 2 elder brothers has done a partion deed and executed in sub registrar office. the 2 elder brothers saled there possition to 3 rd party, now my father also expired. Now what i feel is my grand fathers property to be in our family control, can i fille a suite regarding this in local court, & my grand father did not executed any WILL.
We belived our uncles, hence we did not taken original partion deed & they are using our share also till the sale. Since my father was an cancer patient we could not able to concentrate on this.
We heard that they are going to sell their share, hence we asked them to sell their property to us, but they dint, hence we have taken the copy of partion deed from register office and taken action bellow:-
Let me know how i should approch a advocate in local area. (In which ACT's we can take action)
1. PARTION DEED EXECUTIED ON 1998
2. LEGAL NOTICE SENT ON 18.08.2007 TO 2ND SHARE HOLDER (WE ARE WILLING TO PURCHASE HIS SHARE)
3. LEGAL NOTICE SENT ON 12.09.2007 TO 1ST & 2ND SHARE HOLDER (THAT WE HAVE NOT RECEIVED EQUALY SHARE)
4. SALE DEED EXECUTIED ON 21.09.2007
5. LEGAL NOTICE ON 01.05.2008 TO THIRD PARTY/BUYER (ALLOW US TO USE THE WATER FROM WELL)
1. Is there any possibility to use the well & electirycity for only our land. Since this is our grandfather's i dont want to give the share to 3rd party.
a. In the partion deed it is not mentioned we are going to share with 3rd party.
b. Electricity service is given to our survey number & well is also in our survey(our share)
c. I want to change the electircy service name from my grandfather name to my name
d. Can i take a stay order against the 3third party for not to take water from well
c. Can i ask TNEB,Arani to stop power supply temporarly.
M V Gupta
(Expert) 05 February 2011
What does the partition deed provide regarding the water sharing from the well? If it provides for water drawing rights to other sharers, then the third party who purchased from one of the sharers will have the right to draw from the well. You cannot deny the right to him. Mere change in the nmae of the electric connectionwill not affect this right of the third party purchawser.
