Un partitioned land as lease by others
Srinath Reddy
(Querist) 22 December 2012
This query is : Open
My Late Grandfather (with wife(alive), 3 sons,1 daughter, all married) and his Late elder borther (with wife(alive), 1 son(a divorcee) & 1A daughter married in 1979 & has 2 daughters ,1 son) own their ancestral property of many acres. This land is not divided nor un-partitioned. None of them know how much share they would get and at which place (no legal demarcation happened ever). All of them have respective pass books on their own name.
1A has gift deed a small part of her land to her daughter at the time of marriage. Now this daughter along with her husband has occupied the land applied for IOC petrol station for that land and started digging and installed the bore pump too. When my father along with his brothers went to stop, we were not allowed and they also sent us a legal notice to attend the court suit filed u/s 26 order VII RULE 1 & 2 OF CPC in Hyderabad and they must be allowed to keep the work on going. How far is this true? Can an unpartitioned & non demarcated land be given as gift deed? What legal actions can we impose on them to stop the work and make them to clear the partitioned?
lease advice us ASAP as its really urgent for us. We are constantly asking them to settles this matter since 15 years but till now they did not and were neglecting it.
