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Ashish (SE)     14 September 2014

Daughter demand on partitation

My mother's father have 5 children, 2 boys and 3 girls, he died when my mother was a kid. my mother's mother is still alive and is 95 yrs old.

 

My mother's mother has gifted my mother a land after marriage. and We have constructed a house on the land and we are residing on this land/property for 30 years around, but recently my uncle and all there siblings (all 4 children) is demanding for this property and he want a division of the land. since this land is registered to all the 5 memebers, my uncle is trying hard to disconnect the electric connection which was on my mother name previously. so he has filed a case in the court of law..

 

my maternal grandfather has other property which my uncles are using it. and my mother is not demanding anything from those property. only thing I we are trying to protect is the land where we stayed for 30 year. 

 

I got to know that all children have equal rights on ancestral property, so all can demand.  My question is 

 

1. Can it be possible to stop dividing legally. and ask the court to negotiate and we can pay the land price, which my uncle are not ready to accept. ??

 

2. if we fail to protect our land on which the we have the house then can mother demand for the partition of all the property? if yes what will be the procedure ? how long the court process goes for division of the complete  property.

 

3. can we ask the court to give a stay order so that unless the complete division doesnot takes places, no one can take any action like disconnection or transferring of electric connection to my uncles/ maternal grand mothers name.



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 2 Replies

Hardeep (Business)     15 September 2014

If the land is registered to all five members, your Grandmother could not have unequivocally gifted it to anyone since the property was not solely in her own name.

However, for 30 years you have been in possession of this land and till recently there has been no objection to this by anyone.

So the Doctrine of Adverse possession could come to your aid. You could file for a Stay Order till matters are sorted out.

As for ancestral property, that should have belonged to your Great Grand Father / Mother. Which is not the case here.

If your Maternal Grandfather is dead and did not leave any Will, his property devolves onto his Wife ( your  Grandmother ) . This is per Hindu Succession Laws.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ashish (SE)     19 September 2014

Thanks Hardeep,

 

thanks for your reply. Your suggestion has provided me a proper direction to fight back. At the same time I need another clarification. 

The land that we are in possession is not a normal land rather its a bhoodan land gifted to my mother's father. So need to know if  "Doctrine of Adverse possession" applicable for those lands also? Can a daughter claim for partitation of that land ?  if not what else option I have.

 

Just for information, Bhoodan land are the lands gifted to few people by Vinoba Bhave during bhoodan movement or land gift movement in 1951.


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