re: partition of father and partition claim by my brother
parag dhamdhere
(Querist) 24 February 2011
This query is : Resolved
sir,
in the year 1995 there was written partition(not registered) between my father and uncle and some property came to my father shares and some goes to uncle. propertys came to my father shares in that some property was in my brother name but my father is not transfer this property to his name as per partition deed because it was in the name of his own son and father was confidence that it is in his own son name and therefore they have not transfer this property to his name and kept in my brother name. but sir, my brother 6 months ago transfer one property on his name to his mother-in-law name . which was actually purchased by my father in 1981 in the name of my brother when he was only 6 yrs old and after 1995 partion between my father and uncle this property came to my father shares. and after we came to know that he has transfer this property in his mother-in-law name we (means my father and my yonger brother) filed suit against a my brother claiming the null and void transfer and cancellation of sell-deed. because this property was purchased by my father in the name of brother when he was 6 yrs old. but,in written statement he said that at that purchase time my grandmother given cash money to my father to purchase this land and a before the death of grandmother she told him that i have gifted this land to you. sir,can it is possible ? when in registry it was mention that his guardian is his father and at the time of purchasing this property my brother was only 6 yrs old and all money was paid by my father only. wheather he is having right to sell this property saying that it gift given by my grandmother and it is my self-acquired property? and in 1995 partition between my father and uncle this propertypls came to my father share then can only my brother is having his name on this property having right to sell without the consent of father and borther ? it should trated as a ancenstral property and everyone is having right on this property including my father,mother and my younger brother then my brother is having right to sell this property to his mother-in-law name ? give your valuable suggestion and direction and also give any case law related to this ......
