Distribution of 7/12 in United family in Maharashtra
Querist :
Anonymous
(Querist) 29 December 2018
This query is : Resolved
We have United family (Hindu undivided family) at our village in Maharashtra. My Grandfather Late. Rambhau Thorat. was jointly lives with his brother Mr. Kisan Thorat. He has passed away in 1995. Farm cultivation were done altogether and having 8acres of land initially in their name. Late Rambhau L. Thorat has 3 sons viz. Laxman R. Thorat (Late), Shivram R. Thorat and my father Gopal R. Thorat (Late) and my grandfather's brother Kisan Laxman Thorat has two sons viz. Sopan L. Thorat and Sitaram L. Thorat.
All 5 brothers are United and no property distribution was made till date. My Father Late. Gopal R. Thorat was only working in Mumbai and was also supported united family as and when need. My eldor uncle was living in native place along with rest 3 brothers and was a school teacher. Rest 3 uncles are involved in land cultivation. Over the period my father was not taken any consideration or shares from income generated from cultivation. During my grandfather's time and after his death till the date from the revenue generated from farming, additional cultivated land was purchased. Registration was made on any one of the brother(s) name as a formality on mutual understanding since increase of property bwas only the moto. Some time my father was additionally contributed for land purchase, well and new house construction, water pipe line from his PF withdrawal and loan taken from company.
Today, on property card all are having their name soly or jointly. But on my father's property card he has less and poor land (9 acres less fertility land) jointlybwith my uncle and rest are having average 13 acres high fertility land with full water source and equipped. Last year, after my father passed away, my uncle's were demolished our house constructed by our grand fathers without informing to us and started constructing 3 bunglows on same plot. When we asked for the same, we had denied to respond and even been asked for transfer of 3 acres of land on my uncle's name. We will not get possession of newly under construction bunglows. If we need a house in native place we own have to construct it.
Please suggest the right path.
Regards,
Pravin Gopal Thorat
Querist :
Anonymous
(Querist) 14 January 2019
No reply received yet. Do we have an separate act which can be read.
Guest
(Expert) 07 March 2020
1. Document examination required
2. You need to file Declaratory and Partition suit
3. Declaration that you have right on said land and partition relief so you become separate from others
4. Such suit create rift in family but only legal solution
5. Court fee and other professional expenses involved
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Else
If all parties agree then make Partition deed and take your piece of land and be happy .
For making partition deed take help of good local advocate
Raj Kumar Makkad
(Expert) 07 March 2020
As you have posted your query on a legal for a then it can very well be presumed that all efforts of mutual compromise might have failed. In the given case, the family is joint and all the properties have been purchased out of the joint family sources. It shall be better to file a suit for declaration and equal partition of the entire properties on the basis of joint Hindu family properties may the names of the different persons mentioned in the ownership/title of the individual properties. It is the best time to move to the local civil courtimpleading all the family members as parties to the petition/suit.
Raj Kumar Makkad
(Expert) 07 March 2020
The partition shall be as per the provisions of Hindu Succession Act.
