(Querist) 14 January 2011
This query is : Resolved
We are having a agri land in tamil nadu arund 3 ackrs, after my grand father and grand mother death, my father & 2 elder brothers has done a partion deed and executed in sub registrar office. the 2 elder brothers saled there possition to 3 rd party, now my father also expired. Now what i feel is my grand fathers property to be in our family control, can i fille a suite regarding this in local court, & my grand father did not executed any WILL.
We belived our uncles, hence we did not taken original partion deed & they are using our share also till the sale. Since my father was an cancer patient we could not able to concentrate on this.
We heard that they are going to sell their share, hence we asked them to sell their property to us, but they dint, hence we have taken the copy of partion deed from register office and taken action bellow:-
Let me know how i should approch a advocate in local area. (In which ACT's we can take action) 1. PARTION DEED EXECUTIED ON 1998 2. LEGAL NOTICE SENT ON 18.08.2007 TO 2ND SHARE HOLDER (WE ARE WILLING TO PURCHASE HIS SHARE) 3. LEGAL NOTICE SENT ON 12.09.2007 TO 1ST & 2ND SHARE HOLDER (THAT WE HAVE NOT RECEIVED EQUALY SHARE) 4. SALE DEED EXECUTIED ON 21.09.2007 5. LEGAL NOTICE ON 01.05.2008 TO THIRD PARTY/BUYER (ALLOW US TO USE THE WATER FROM WELL)
1. Is there any possibility to use the well & electirycity for only our land. Since this is our grandfather's i dont want to give the share to 3rd party. a. In the partion deed it is not mentioned we are going to share with 3rd party. b. Electricity service is given to our survey number & well is also in our survey c. I want to change the electircy service name from my grandfather name to my name d. Can i take a stay order against the 3third party for not to take water from well c. Can i ask TNEB,Arani to stop power supply temporarly.
(Expert) 21 January 2011
under the Hindu Succession Act, 1956, section 22. Preferential right to acquire property in certain cases.
1)Where, after the commencement of this Act, interest in any immovable property of an intestate,or in any busiess carried on by him or her, whether solely or in conjunction with others, devolve upon to two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transfered.
2) The considereation for which any interest in the property of the deceased amy be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application.
3) If there are two or more heirs specified in class I of the Schedule proposisng to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred.
So, If any conditions mentioned in the partition deed about the sale after partition, it can possible. oherwise when a property has been already partitioned,registered and divided into 3 shares is valid. The sale also valid. You could not compel your uncles for give the property to you, except above said provision. But you may approach and requst and convienced them, then you got the property from them.