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(Guest)

Need guidance on grandson's right on grandpa's property

Sir/Madam,

My Grandpa owned a farming land of 4+acres with 2+ acres on two different location of same village. Let me name them as Part1 and Part2 for more clarity.The details of 2 plots are as below.

Part1-2 acres 11 guntas dry land with 1 well,80+coconut trees.

Part2-1acre 28.5 guntas dry land with 12+ tamarind trees.

My grandpa has 4 sons and 4 Daughters. in the year 2004 Grandpa divided his property among his 4 sons as follows:

1st son:Part1-25 guntas and a right in well and Part2-10 guntas

2nd son:Part1-1acre 1 gunta and a right in well and part2-9 guntas

3rd son:Part1-24 guntas and a right in well and Part2-9guntas

4th son:Part2-1acre which consisted of 12+ tamarind trees.

My grandpa expired in the year 2004 only.

1st son has no children and has expired in the year 2005.

2nd son who took incharge of the home and whole family has 3 sons and no daughters.

3rd son has 1 son i.e, me and no daughters.

4th son has only 1 daughter.

after the partition 2nd son constructed a home of 1200sq.ft in the area alotted to him. and 3rd son drilled a borewell in his area and had gaught sufficient water in Part1. 2nd son cultivated the plot with the water available and shared the yield with 1st and 3rd son. Joint katha was made for both part of hte lands.

Now the issue is that 1st son's wife who is not resident at the village wants to rent or sell her part of the land to the 2nd son and demands heavy amount inturn which cannot be aforrded by him and hence disagreed to the proposal. So 1st son's wife is planning to get the injuction order on the field.

I wanted to know

a.is it possible to get the order for other son's land?

b.what can we plan inturn to the injunction order as some plantations are already been placed in our part of the area?

c.we as grand son's how can we object against this land sale?



Learning

 1 Replies

Rajeev Kumar (Lawyer/Advocate)     21 July 2012

Dear querist if the partition is through documentary then you can't claim for her share. She may dispose her share according to her wish. (1) it is not possible to get order of other son. (2) For avoiding the injunction engage a lawyer to contest it. (3) you can't stop her to sell her share

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