Mallappa.G (Engineer) 10 February 2014

Property dispute- because unregistered settlement agreement

Hello sir,

My grandfather had 6 (S1 to S6) sons and 3 (D1 to D3) daughters.Both my grandfather and grand mother passed away in year 1981 after our family partition 1975.

S1,S2,S3 and S5 (ie.my father) had passed away

I am son of S5 and S1 has got 2 sons and one daughter

My grand father had purchased 60 acres agri land from his own earned money and S1 had purchased 30 acres agri land.

Before family partition, eldest son S1 had family dispute and hence grand father asked him to stay in his different home.Later on S1 started earning on his own and purchased property (agri land) 30 acres from his own earned money.During this time S2 was taking grand father's property income and managing whole family expenses.

When family partition took place among family members in year 1975.Grand father property was divided among only 4 sons S2,S3,S4 and S6.no property shared among 3 daughters and Based on gram panchayat advise, eldest son S1 earned property was divided between S5 (ie. my father) 15 acres and S1 (15 acres).However family settlement agreement paper was not registered and original settelement agreement paper is missing.

Now issue is second son of S1 claiming his father earned property given to S5 (ie. my father) and asking me to return our father property otherwise he is threatening to go court and file suit.Asked me to get share from Grand father property which is now enjoyed by S2,S3,S4 and S6 but these families are not supporting on this issue because S1 second son warned them that if he did not get his father earned property from me, he will take share from grand father property.

Can you please advise on followings:

1) Is there legal way to protect my father property received from his brother?

2) How to approach lagally to other family members (S2,S3,S4 andS6) to get my father share from grand father property?

3) As of today second son of S1 well settled in Bangalore and not suppoting his younger brother claim and ready to help me on this issue.How can I use his help legally on this issue?

I do not have any other property other than property came from family partition.Please help me to save my father property and me.

Thanks in advance.

Shiva

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 10 February 2014

1) Is there legal way to protect my father property received from his brother?

As per your statement, your grandfather's self acquired property was duly partitioned during his life time to his four sons, if he has not apportioned any share in his property to his other two sons and daughters, his action cannot be questioned, and his action is legally valid. The other children cannot claim for any share in the property then or now, legally. Now the property acquired by the S1, i.e., your father's elder brother, was out of his own income, thus he becomes the absolute owner of the property and he is legally not bound to comply with any decision forced upon him by elders or local panchayat to divide and allot a share in his property to any one, therefore legally your father cannot claim a share in it, especially in the absence of the alleged settlement agreement arrived at before the local panchayat in this aspect, where is the said paper, locate it and see what was recited in it.

2) How to approach lagally to other family members (S2,S3,S4 andS6) to get my father share from grand father property? Your father was not allotted with any share during partition by his father, hence legally he cannot claim any share in it.

3) As of today second son of S1 well settled in Bangalore and not suppoting his younger brother claim and ready to help me on this issue.How can I use his help legally on this issue?

A negotiable talks by gathering all elders in the family may arrive at a consensus, the chances through legal actions are very bleak.

I do not have any other property other than property came from family partition.Please help me to save my father property and me.

This is not an exemption to claim a share in the property legally. You never had any share in any property legally, hence try other peace talks.

Mallappa.G (Engineer) 11 February 2014

Dear Adv.Kalaiselvan,

Many Thanks for your quick response and advise.

Based on photo copy of family settelment agreement paper and It says that based on discussion in panchayat and mutual agreement,Grandfather's and elder son property will be divided and shared among following family members of my grandfther's children:

Grand father's property 2 houses and 50 acres land had shred like this:
House A shared among 4 sons ie.S1,S2,S5 and S6
House B shared among 2 sons:S3 and S4
Grandfather's 50 acres land shared among 4 sons (S2,S3,S4 and S6)
Elder son (S1) property shared among two brothers S1 and S5

Agreement paper signed by Grandfather,all sons except S2 and 3 daughters.There are 3 gram panchayat's panchas had signed as a witness.And people who had signed on agreement papers all are passed away (including witnesses) except 2 sons S4 and S6 alive.

Also I would like to mentioned that during my sister marriage my father had sold 5 acres land with the help of his elder brother (s1).and revenue record (Pani/Patta) of my father property (10 acres) show his name but I do not have any transfer document which shows property of S1 had been transferred to my father's name.

If revenue records (pani/Patta) shows my father name on land received from his elder brother (S1), is it sufficient to show my leagal rights?

All 3 daughters D1,D2,D3 and son of S2 (who are not signed on paper) are ready to support and help me to get share of grandfather' property. Can I take these people to court to challenge the agreement?

Thanks

Shiva