Can our Grand Father's property partitioned through Collector or Dashildar ?
Kannan Kandasamy
(Querist) 02 November 2010
This query is : Resolved
Dear Experts
I heard that there is a way to do Partition without going to Court.
That is doing the Partition through the Collector and/or Dashildar?
Is there any option like that ?
If yes, then how to proceed in that regard?
Any advice/idea/help in this regard will be very much helpful to me & our family & especially to my Mummy who is running an Old Aged Home free of cost through her Pension.
Expecting your reply
TanQ
K.Kannan
R.Ramachandran
(Expert) 02 November 2010
Partition cannot obtained only by filing civil suit. Partition cannot be done either by Collector or by Tehasildar.
R.Ramachandran
(Expert) 02 November 2010
Sorry for the typographical error. I wanted to say partition can be obtained only by filing civil suit. Partition cannot be done either by Collector or by Tehasildar.
pawan sharma
(Expert) 02 November 2010
Agree with Ramachandran.
Kannan Kandasamy
(Querist) 03 November 2010
Dear Sir,
Thank you for your reply...
From your reply I'm sure that there is no provision like that.
I'll describe in brief what that Layer told me:-
He told to file a complaint to the Superintendent of Police mentioning that our uncles registered our share of the Grandpa's property also in their son's & wife's names,(Because our 2 Uncles already registered most of our Grandpa's property in their Son's & Wife's name) then from S.P office it will be forwarded to the Crime Department, and from there it will be forwarded to the Dhasildar. Then the Dhasildar will appoint a Surveyor & he will divide our Grandpas property into 3 equal parts and we will get our Share. He also told that if we do like this, we will get the solution very quickly ie. within 6 months or 1 year.
I'll discuss with that layer again and then post my Query.
Thank you for all the Experts for taking time to read the public queries and giving the replies, that too quickly ....
Thank you once again
Regards
K.Kannan
M V Gupta
(Expert) 05 November 2010
Police will not entertain any complaint in this matter as it is purely a dispute of civil nature. If the property is ancestral property in which you have a share, transfer of your share by your uncles will clearly be illegal and not valid. The proper course of action is to file suit for annulment of the transfers made by your uncles and partition of the property by metes and bounds. Please take immediate action in consultation with your Advocate.
Kannan Kandasamy
(Querist) 05 November 2010
Dear Sir,
Thank you for your kind advice.
If time permits just go through - i'll tell in brief what am i doing now?
But Sir, Actually now I'm measuring all those properties of my Grandpa and divide it myself into 3 equal parts with a Surveyor and I'm occupying/fencing my part ie. 1/3 rd share few survey numbers and I planned to do the same in all the properties in all the Survey numbers. Also RECENTLY I sold out the 1/3 of my share in a particular survey number and one of my uncle send a Vakkil Notice saying that it is his property and i gave a reply through a layer saying that I sold out my Grandpa's property and added that I sold my share alone, as per the Will and there is no further steps from their side. Then in another survey number(which is the most Valuable Place) I put the fencing for the full area and our uncles gave a complaint to the Police and the Inspector enquired all of us. I told him that I need my share of our Grandpa's property, but my uncles are not giving and if they give my 1/3 rd share in all the survey numbers, i'll remove the fencing otherwise not.
The inspector said to my uncles to give the 1/3 rd of the share me, but the refused that and then the Inspector explained that if he(myself) filed a partition suit, he will surely get the 1/3rd of his share, but it will consume a lot of time,money,etc.. and so think well and try to compromise within our family members. But after that there is no further steps from their side.
I hope that there won't be any criminal case filed against me in this regard.
Please inform me if there is any chance for my uncles to take any criminal action against me ?
Thanks in advance
Regards
K.Kannan
M V Gupta
(Expert) 06 November 2010
It is clear from what you have narrated the Police have given a sane advise to your uncles to give your share in the ancestral property. Please note as per Hindu Succession Act you are having a share in your grand father's property and as such no criminal case can be made out against you. Even if one is filed you can very well defend the same. But,it would be better if you file a suit for partition of all the ancestral properties as already suggested.
