Equally divided of land regarding
Mukesh
(Querist) 22 June 2013
This query is : Resolved
Dear Sir,
My father having four sibling and eldest among them. My grandfather was having inherited land property aprox. 20 acres and died recently but transferred all the lands to uncle's name except my father.
My father has applied to local court for cancellation of registry against undivided proportionate of land to all the son's.
Please help me to the following question's
1. Registry can be cancel on not.
2. Is there any law to get equal portion of land even after registry done to all the son's except my father.
Devajyoti Barman
(Expert) 22 June 2013
1. Registered sale deed can not be cancelled though suit can be filed to declare as null and void if it is proved that transfer was made on force, coercion or fraud.
2. No unless deed of transfer is set aside first.
Mukesh
(Querist) 22 June 2013
Thanks sir for your prompt response..
Registration of Land was made forcefully by uncle's but how can i get proof against the same ?
Please suggest
Adv Archana Deshmukh
(Expert) 22 June 2013
These things are to be inferred from the facts. Consult a local lawyer.
Sudhir Kumar, Advocate
(Expert) 23 June 2013
The relations lost and rather turned into animosity. 1/4 sahre 20 acres is not worth it after deducting cost of litigation for two decades.
Sudhir Kumar, Advocate
(Expert) 23 June 2013
Fathers do not take such decisions unless pressed against the wall. your father may have worked hard to achieve exclusion. why you want to make his labour fruitless.
prabhakar singh
(Expert) 23 June 2013
So property was ancestral in hands of your grandfather and your grandfather passed it on to your uncle before his death by registered deed.
But you have not told where the land is.?
You have also not told what kind of registration deed was made in your uncle's favor.
Anyway if your grandfather had two sons and if coparcenary law applies to them, then deed even if not cancelled by court would not be treated valid for 1/3rd share of your father which he owns by berth.
Anirudh
(Expert) 23 June 2013
Dear Mr. Mukesh,
You have to come out with full facts, in case you desire an appropriate and useful answer to your query.
1. From whom did your grand father inherited the property?
2. In which year he inherited the same?
3. Who are all your grandfather's siblings?
4. Did your grandfather's siblings also inherited the share as your grand father?
ajay sethi
(Expert) 23 June 2013
answer queries raised by anirudh
Mukesh
(Querist) 23 June 2013
Dear Anirudh sir,
Please find the foll. answer
1) From my grandfather's father
2) in 1979
3) NILL
4) NO
Adv Archana Deshmukh
(Expert) 23 June 2013
Your father can file a suit for partition against his brothers. The transfer made in favor of your uncles can be cancelled to the extent of your father's share.
Anirudh
(Expert) 24 June 2013
In that case you have to indicate as to when your grandfather's father got the property.
Whether he self-acquired the same or not.
If not self acquired, from whom did he get it?
In which year he got it?
