Ancestral property distribution issue after mutation

Mother has two sons, husband not live. Two sons ancestral agriculture land share partition was done and mutation also happen in revenue records since 1996 based on the survey numbers and extent at that time.Their mother also purchased land (not ancestral) from others in 1965 and registered on her name and its remain with her. But the younger son children (son and daughters) filed a partition suit and issued rule 39 etc from court in 2012 on all above 3 (father (younger son), his brother (elder son) and Grand Mother).

1. Is a brother son can file a partition suite or revision (on fathers brother) after mutation other than their father?

2. Is it possible to ask revision of partition after mutation (any time bar). I read its 12 years.

3. Grand mother is live but helpless (too old) . is Grandson can seek right on Grand mothers purchased land(not ancestral).?

4. Is Grand mother can giftdee and register the land to others

5. The case was running in city civil court. what are steps need to take.



Previous partition cannot be challenged. Grand mother is absolute owner over her self acquiredproperty.she can sell gift charge and execute will on that property.


As per 5th point of your query, the case is in City Civil Court.  so you have to wait till the orders passed by the Court.


Its joint family property before partition. But now his fathers brother is sole owner of his part. How one can seek partition /suit on both brothers share. Son will get right on his fathers share only ? or entire ancestral property as of before partition? They got rule 39, but no one is attending the case for last 4 fathers brother became victim.



Your are not logged in . Please login to post replies

Click here to Login / Register  


Search Forum:


  LAWyersclubindia Menu