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Om Kalse (owner)     20 February 2020

Partition

1. First oral partition done by father in 1992 of his ancestral property.
2. He has 2 sons, 2 daughters and a wife.
3. He divided property in 4 parts. 1 for himself, 1 for wife and 1 each for 2 sons.
4. Nothing for daughters.
5. Mutation entries taken place in records in 1992.

Everyone enjoyed their share till father's death in 2010.
Now

1. After his death, all legal heirs including 2 daughters entitled for his property share.
2. One daughter sold her unpartitioned share in fathers property in 2017 and she died in 2018.
3. Now heirs of died daughter have objection on the partition made by father in 1992. They want equal share in father's property which was partitioned in 1992.
4. Other daughter is enjoying her share and no objection at previous partition.
5. Now all property has been sold except a son.

This son is me. if my sister's heirs files a partition suit, what could be probability?
I have original memorandum of partition made by father on 20/- stamp signed with 2 witnesses. on of them is expired.


Thanks


Learning

 10 Replies

Sourav Das (Advocate Supreme Court of India)     20 February 2020

Unregistered family settlement deed is valid. Legal heir deceased may file suit for partition, but his petition will fail.
1 Like

Om Kalse (owner)     20 February 2020

Thanks Sir

G.L.N. Prasad (Retired employee.)     20 February 2020

First stop worrying of threats and it may kill you mentally.   DO NOT APPREHEND OF ANY ACTION FROM YOUR NEPHEWS AS THEY ARE NOT CO SHARERS, AND IF YOU ARE IN POSSESSION SINCE 1992.  The action may be suicidal to other party as he has to shell down court fees on present market value and make several  persons who are in enjoyment of property  and without expecting any success in the case.  Grandchildren are not class 1 legal heirs.

 

1 Like

Om Kalse (owner)     20 February 2020

Thanks Very much for valuable response...

Dr J C Vashista (Advocate)     21 February 2020

Whether the family settlement was oral or written, registered or unregistered as you have mentioned both circumstances?

Your sisters / their legal heirs have equal right in the ancestral property devolved upon your father who is stated to have died after amendment in Hindu Succession Act, 1956.

G.L.N. Prasad (Retired employee.)     21 February 2020

The following was information provided by queriest

This son is me. if my sister's heirs files a partition suit, what could be a probability? I have original memorandum of partition made by father on 20/- stamp signed with 2 witnesses. on of them is expired.

The presumption is that the partition was known to all legal heirs in 1992 and that you were in possession and enjoyment with such mutation known to one and all.

DO NOT GET AGITATED, AND LET THE MATERNAL GRANDCHILDREN CHALLENGE THAT THEIR  LATE MATERNAL GRANDFATHER HAS NOT PARTITIONED THAT PROPERTY IN EQUAL SHARES IN COURT .

1 Like

P. Venu (Advocate)     21 February 2020

"2. He has 2 sons, 2 daughters and a wife.

3. He divided property in 4 parts. 1 for himself, 1 for wife and 1 each for 2 sons.

4. Nothing for daughters"
 

"2. One daughter sold her unpartitioned share in fathers property in 2017 and she died in 2018.

3. Now heirs of died daughter have objection on the partition made by father in 1992. They want equal share in father's property which was partitioned in 1992.

4. Other daughter is enjoying her share and no objection at previous partition.

5. Now all property has been sold except a son."

 

The facts posted are inconsistent. How the daughters could sell the property when they were not given any share at all (by the so called oral partition. 

It appears that you have not posted the complete facts.

 

Om Kalse (owner)     21 February 2020

Sir,
1. at the first partition in 1992, father kept 1 part for him. Say part (A)
2. after his demise in 2010, daughters entitled for his part (A) as legal heirs.
3. One of the daughter's heir sold that undivided part which is commonly hold by all heirs of father.
4. after selling this part, now her heir want to challenge the partition occurred in 1992.

I think it should clear now.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 February 2020

Dear Om Kalse,

Once the Property got partitioned and taken possesion of their respective shares by the legal heirs in the year 1992 holds good and the same was not objection by your sisters within 3 years, and subsequently, you father expired and his share was partitioned among yourselves that also holds good. In case if the children of your deceased sister threathens you with litigation, let them go ahead because, they lose time and money for such unnecessary litigation. 

1 Like

P. Venu (Advocate)     24 February 2020

How is that the property is ancestral? If so, why the share to the wife(mother of the quetiest)? Is she still alive?


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