Inheritance of male member prior to 1956.

basavaraj shiromani (Querist) 23 March 2016 This query is : Resolved
Patilki inami lands granted in the name of Mr.X he left two sons Y & Z they never separated during their life time. Y was having two sons A & B and Z was having two sons E & F. After the demise of Y & Z the heads of two branches A and E were separated as per ME held in the year 1945. Mr A died in the year 2002. His only son is refusing to effect partition with his uncle B on the strength of his father's name in the records and since the mutation is of the year 1945, E is not at all co parcener. whether E will get the share in an ancestral properties

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P. Venu (Expert) 24 March 2016
What is the present tenure of the land? All the alienated tenures, Inams included, have since been abolished.

Anyhow, a partition suit could be filed.

Adv. Yogen Kakade (Expert) 24 March 2016
Need to know more details of the case. but on the basis of mentioned facts, it seems E has a right to go to the court for getting relief. He can ask for his share in the property. Limitation part has also to be seen.

Rajendra K Goyal (Expert) 24 March 2016
Local law applies, discuss with local lawyer, show all documents and move as per his guidance.

Dr J C Vashista (Expert) 26 March 2016
A suit for partition, perpetual,permanent and mandatory injunction shall decide share of all coparceners of the inami land.
Before that it would be more appropriate to challange and set aside the mutation in revenue records;
otherwise, implead the Area Tehsildar/ SDM/DC for mandatory injuction to amend mutation.

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