Family property dispute

Querist : Anonymous (Querist) 23 May 2021 This query is : Resolved
My great grandfather had 5 children and then 5 grandfathers have 11 children. There is no property for living in the name of Grand Father except agriculture land. There is no dispute regarding agricultural land in the current generation. The property on which the Grand Father built his house and whatever land was around the house he used to use it and same were used by 5 grandfather without any dispute. There is neither a house nor a land in the name of great-grandfather. And great grandfather did not make any will. Similarly, 5 grandfathers did the same and did not have any will. Because there was a joint family. Right now, there has been a dispute regarding the land and house among the children of the Grand Father. children are 11 and 11 children have children. Right now, there are 11 children who are building houses on their own and they are occupying the land without any fair distribution of land. There is a dispute about this.

The question is whether the 11 children who are occupying the land on their own or making something on it can be challenged in the court or not ?
Can the court grant a stay on this dispute and the court can appoint an expert so that fair distribution can take place of the land?
The title of the land or house is not owned by anyone, can we still go to court?
1 out of 11 can go to court for stay order ?

Location is - Uttar Pradesh, Dist- Jaunpur.

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Quick Summary

A family is experiencing a dispute over ancestral property, specifically a house and surrounding land, built by a great-grandfather. While agricultural land is not disputed, the current generation is occupying and building on the residential plot without fair distribution. The core question is whether those occupying the land can be challenged in court, if a stay can be granted, and if an expert can be appointed for a fair division, especially since the title is unclear. Legal advice suggests that while a partition suit is generally possible for ancestral property, the lack of clear title and registered ownership presents challenges, and an amicable settlement or thorough investigation with revenue authorities is recommended first.

SHIRISH PAWAR, 7738990900 (Expert) 23 May 2021
Hello,

Generally partition suit can be filed for sharing the property between the family members. But in your case you dont have title over property so you cannot go to court for partition of property. So it is better you amicably settle the dispute between yourself.

kavksatyanarayana (Expert) 23 May 2021
Your query is something vague. The agricultural land is ancestral as stated. Why all these years kept silent. You shall consult revenue authorities. Without entering into the revenue records, you cannot enjoy the property to date. That means surely the land is in the name of someone, that may be your great grandfather/grandfather or some other else. First, obtain this information from Revenue authorities. If one of the names of your ancestors or successors is not in the records of the Revenue authorities, you have no right on it.

Advocate Bhartesh goyal (Expert) 24 May 2021
I completely agree with expert shirish pawar.No need to add more.

Dr J C Vashista (Expert) 24 May 2021
Well analysed, opined and advised by experts, I agree.

Sankaranarayanan (Expert) 24 May 2021
I do sailing with experts

T. Kalaiselvan, Advocate (Expert) 24 May 2021
This appears to be ancestral property.
The latest generation also have a share as a right in the property left behind by the great grandfather which was not partition among the successive generations till date.
Therefore, if there is no consensus or an amicable solution is arrived at for the current dispute, then the affected party may approach court of law with a suit for partition seeking their legitimate share in the property to be divided with good and bad soil and metes and bounds and also with separate possession.
If the property is indivisible then the court may bring tit auction sale and divide the sale considerations among all the entitled shareholders.

Advocate M.Bhadra (Expert) 24 May 2021
In the instant query by a person is not clear, however it is presume that he is a Hindu and one of the legal heir and successor of an ancestor property. So he can file a Partition Suit for claiming his share .The principles of Hindu laws are here--------

In Mulla’s Principles of Hindu Law

“………. if A inherits property, whether movable or immovable, from his father or father’s father, or father’s father’s father, it is ancestral property as regards his male issue. If A has no son, son’s son, or son’s son’s son in existence at the time when he inherits the property, he holds the property as absolute owner thereof, and he can deal with it as he pleases ………. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.”

Therefore the laws of an ancestral property can only become an HUF property if inheritance is before 1956, and such HUF property therefore which came into existence before 1956 . In such a case, since an HUF already existed after amend in 2005 including female right ,since the same HUF with its properties continues, the status of joint Hindu family/HUF properties continues, an Classification of property under Hindu Law only in such a case, members of such joint Hindu family are coparceners entitling them to a share in the HUF properties.

P. Venu (Expert) 24 May 2021
If the title of the residential plot does not vest with any those possession/occupation, who is the title holder? How is the land being held - payment of land revenue or rent to the title holder? How long the family has been in possession/occupation?

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