Partion of property already partioned in 1958

Sita Vallabhav (Querist) 15 October 2014 This query is : Resolved
Respected sir...

A person Mr. Atul jointly holds and enjoys his and his unmarried brother, Mr.Balu's share of partitioned ancestral property. This is kept as property of Mr. Atul and his deceased unmarried brother, Mr.Balu... JOINTLY ----- Schedule A
They have another brother Mr. kalip, Who was given another property share by way of cash and movable things in this partition. --- Schedule B
The partition deed was registered during 1959 or so..
Mr.Balu (unmarried brother) died in 1966. Both Mr. Atul and Mr. kalip were all married and have family and children. Both Mr.Atul and Mr.Kalip are not alive now.

The joint property comprises of land with house and 2 small shops (which is given for megere rent )and some paddy field. Family of Mr. Atul stays in the house for all these years and getting the rent form shops and enjoying paddy field also which is having fish farming.

Mr. Atul's family learns that their share in the schedule B property is half of the total property in schedule B and Second half is to divided in to two between them and the family of kalip

As the family of Mr Atul and mr kalip is in very good terms till now, Mr. Atul's family plans to settle the title issue of jointly held property amicably.. Accordingly his family offers cash in lieue for Mr. kalip's share in Mr. balu's property. though they agreed for the deal initially, now thy claim that they want to sell the property and divide the amount. Also they calim share in the income by way of paddy and shrimp farming for the last 50 years...
But till now kalip's family has not asked for any share in the income so far for last 50 years.

Atul's family emotionally dont want to sell as all these years they were staying the house and they are the major share holders...

I think Mr. kalip's family can only file a partition suit for partition
In that event, respected experts... my question is

1. Will kalip's family get a decree to sell the whole properties that is land with dwelling house, paddy fields etc?
2. Has Atul's family forced to give share of all the income so far enjoyed for the last 50 years?
3. Shrimp farming is done by a society on behalf of several farmers for last several years, and the society distributes the income to all members in the proportion of land... Atul's family collects their share form the society. Can the Kalip's family give a letter to the society to stop distributing share to Atul's family?

If kalip's family file a suit, can Atul's family challenge by saying ( as some very experienced Lawyer opined)
a) "The partition of the said ancestral property has been done legally way back in 1959. Hence the H.U.F. is dissolved and the partitioned property has become the personal property of the individuals."
b) "Then question is that since such brother Balu was unmarried then his legal heirs would be his brothers. But since Mr. Atul had a joint co-ownership with such deceased unmarried brother then lawfully his locus standi as being the preferred legal heir can be established and the share will be inherited by Mr. Atul alone"
c) The property not being ancestral any more then the claim of the legal heirs of Mr, kalip in such property of Balu will not survive and neither their attempt to get any injunction against Mr, Atuls legal heirs will be maintainable.

d) In addition the limiation bar will debar such legal heirs of Mr, Kapil to file such litigation.

Respected learned experts if you can give some light into the matter, we can chalk out our plan and be prepared for next step.

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Devajyoti Barman (Expert) 15 October 2014
1. If market price of their share is offered then court may not order for sale of property. In any case once property is partitioned the court can not restrain the decree holder from dealing with the property by the decree holder by his own way.
2.Yes , Khalip family is entitled to half share in the income earned from Balu's property since his death.
3.No, he can not.
4. Limitation law does not apply in partition suit.
a. No, as far as Khalip share in Balu's property is concerned.
b.Not legally tenable.
c.No
4.