Partition of ancestorl property
sankardas chatsant
(Querist) 11 October 2014
This query is : Resolved
Dear Respected Experts
I have a Query regarding Property partition of my best friend from Kasargode.. hope your good offices can help him...
My friend says...
My paternal grand father's inherited property was partitioned between my father & 2 brothers after the demise of grandfather.
Their names... Eldest one is Sri. Karunan, 2nd one is Sri.Pavanan, and 3rd one is Sri. Sugunan (my father).
The partition was done and the deed was registered in July 1957.
Partition was registered as 2 schedules namely,
Bank deposits and land as per Schedule A for eldest brother Sri. Karunan
Property as land as per schedule B for 2nd and 3rd brother (my father) as joint holding
The reason for keeping properties for 2nd and 3rd brothers as joint was that the 2nd brother was not well and unmarried. my father was to take care of that 2nd brother. This was orally agreed between all during partition.
So the schedule B was kept for my father and his elder brother together. jointly
The 2nd brother died in 1967 unmarried.
Both my father and his eldest brother were married and have family and children.
Both my father and his brother died in due course.
My father was enjoying the property as per schedule B without any claim from other brother when he was alive or his wife or his childrens for the share of property of demised brother who died unmarried in 1967.
Till now that is till 2014, nobody has claimed share of demised unmarried brother's portion of partition.
My humble question is sir,
Can we partition the property as per schedule B among we children, as we think sole right of the schedule B is for my father.
Can the family and children of my father's brother (Sri. Karunan) come and claim for the share of brother died in 1967 (Sri.Pavanan) ?
Are we entitled to give their share claiming adverse possession?
If they come and claim for share will it be time barred?
My father had a sister late Mrs Suguna at the time of partition in 1957. she was not given anything in the partition and not made a party of the partition deed of 1957. She has children who are alive now in Orissa. Can the children of mrs. suguna came and file a suit for cancellation of the deed of 1957 and pray for re-patrition making them also parties.
Kindly enlighten me sir.
regards,
sanker
Anirudh
(Expert) 11 October 2014
Legally, the property of the deceased brother can be claimed by the elder brother / sister and or their children.
One cannot claim adverse possession in the fact situation revealed by you.
For partition, there is no time-bar.
It is not clear, why all of a sudden you raise this query i.e. after nearly 47 years? Is there any claim being made by those persons?
ajay sethi
(Expert) 11 October 2014
sister was not given any share in property . her children can claim share in property . it would not be barred by limitation
malipeddi jaggarao
(Expert) 11 October 2014
Please address the query raised by expert Mr.Anirudh.
Rajendra K Goyal
(Expert) 11 October 2014
The share of deceased unmarried brother can be claimed by his other legal heirs. Consult local lawyer and show him all the documents.
sankardas chatsant
(Querist) 11 October 2014
Dear Shri. Anirudh ji, Thank you for reply ji.,I appreciate your Valuable time and effort taken to reply. Ji., there are two Reasons why raising a query regarding our partition is....
1. we want to divide the property among we children. Can we partition the property as per schedule B among we children, as we think sole right of the schedule B is for my father? as schedule B is jointly held by my father and the deceased brother.
2. Whether the signature of family and children's of the other brother is required?
3. Whether the signature of father's sister's family also required? we are afraid if we go to get the signature whether the sister's children will sue for cancelling the deed of 1957 as their mother wast not given anything or made a party to the deed. Kindly enlighten me sir. regards, sanker
sankardas chatsant
(Querist) 11 October 2014
Respected Expert : malipeddi jaggarao ji, Thank you for reply ji.,I appreciate your Valuable time and effort taken to reply. Ji., there are two Reasons why raising a query regarding our partition is....
1. we want to divide the property among we children. Can we partition the property as per schedule B among we children, as we think sole right of the schedule B is for my father? as schedule B is jointly held by my father and the deceased brother.
2. Whether the signature of family and children's of the other brother is required?
3. Whether the signature of father's sister's family also required? we are afraid if we go to get the signature whether the sister's children will sue for cancelling the deed of 1957 as their mother wast not given anything or made a party to the deed. Kindly enlighten me sir. regards, sanker
Anirudh
(Expert) 11 October 2014
Dear Shankardas,
From your post, I understand that so far, neither your father's elder brother's family members, nor your father's sister's family members have staked any claim for a share in the property of the deceased person.
Almost 47 years have already passed.
If you want, you simply partition the property amongst your own family members and get it registered. THERE IS NO NEED TO GO TO ANYBODY TO GET THEIR SIGNATURE OR CONSENT.
I do not anticipate any trouble for you - especially when there was no trouble for all the last 47 years.
Therefore, simply partition the property, get the requisite formalities done and keep quiet.
BUT BE AWARE, IN CASE THE OTHER PERSONS COME AND TRY TO CLAIM ANY SHARE IN THE PROPERTY LEFT BEHIND BY THE DECEASED PERSON, ALL OF YOU HAVE TO CONTEST.
K.K.Ganguly
(Expert) 11 October 2014
1. The shere of the property of B jointly held with your father C can be claimed by the children of A legally. You can not claim entire share of B of the said joint property held with your father,
2. Adverse possession is something else not related to your matter & there is no time limit for partition,
3. Your father's sister's children can claim share of the property of B.
Guest
(Expert) 11 October 2014
Your Father's Sister's children hold the Right to claim in share of the Property of B.Better sort it out amicably with them.
P. Venu
(Expert) 11 October 2014
As learned expert Mr.Anirudh suggested, there is no need to wake up the other prospective legal heirs and unsettle the present status of the property. However, the present occupants and their successors in title should be alive to the possibility of claim being made by them. They matter could be sorted out if & when such a contingency arises.
Guest
(Expert) 11 October 2014
Dear Author,Your Father's Sister's Children hold the Rights in the share of B.If you do not wish your children to be in Legal Disputes in Future Sort out the Issue Legally with other Legal Heirs amicably."There is NO Need to wake up the other prospective Legal Heirs" the Sentence which is NOT APPLICABLE TO LCI.
sankardas chatsant
(Querist) 11 October 2014
Respected Expert N.J.S.Rajkumar alias narasimha ji.,
i could not understand "There is NO Need to wake up the other prospective Legal Heirs" the Sentence which is NOT APPLICABLE TO LCI
can you please enlighten ?
Humble regards,
Guest
(Expert) 11 October 2014
Dear Author,The Legal Rights of the Other Legal Heirs can not be denied just because for the simple reason they had not claimed it.Law Has Got Big Hands
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
@Author: I think you are getting more and more confused by thinking more and more about the problems which are not to be sighted anywhere. You have been suggested many options by many experts above, it is you who have to decide about the right option that can be adopted suiting to your circumstance, in my opinion, I go with the practical advise and suggestion made by expert Mr. Anirudh. This may allow you to sail smoothly especially for an issue which remained undisturbed for almost more than 4 decades. Analyse the issue by pros and cons too.
Sudhir Kumar, Advocate
(Expert) 22 October 2014
repeated
http://www.lawyersclubindia.com/forum/details.asp?mod_id=111144&offset=1#.VEbuqVeO5G0
Sudhir Kumar, Advocate
(Expert) 22 October 2014
repeated
http://www.lawyersclubindia.com/experts/Agricultural-land-non-Agricultural-land-procudure-for-partition-suit-503281.asp
