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varghese (drvargheseae@gmail.com)     10 November 2013

Ancestoral property division among brothers

I have been away from my ancestoral home since the year 1975 and now retired from a Govt.Service and settled in Bangalore permanently.  During my stay outside kerala, I have not taken a single paisa from parents or anybody from my family. but  self helped  my parents financially as long as they lived. All the proceeds from the property have been enjoyed  by my brothers without giving me a single paisa. 

Now, My parents are not alive  , but they didnt  m ake any will or any partition deed  during their life time. Now it has created lot of problems to resolve the issue amicably between my brothers.

I have  4 brothers and 3 sisters,  one elder brother and sister is no more.  

Recently we have discussed about the sharing of the property left by my parents, and my elder brothers suggested a plan to part the available land among the brothers.  When my father was alive,  he had given the shares to my elder brother(diceased) and my youngest brother.  Now, we are three brothers to get the share of the  remaining property

 

As per the suggestions made by my elder brothers, we have made a partition deed by paying the requisite fee

and got it registered. Original deed is keeping by my elder brother, and we got copies of the deed in 100 rupees stamp paper.

 

When myself went to the concerned village office to get it mutated in my name,  Village Officer, after going thru agreement  informed  that the consent of my sisters and other concerned  have not taken/added in  the agreement, hence its not possible to do the mutation.. To get the mutation done, I  have to obtain all of my sisters and brothers consent in a  relinguishment  form   

My  brothers are not willing to mutate the property as the property marked for me has been encircled by my brothers property  i.e. my shared land is in the midst of their property.  They have planned bravely so that in future I will not be able to dispose or sale this portion of land to a third party. 

 

My brothers dont want to give my portion of land now, thats why they had devised a plan to enter into an agreement  without taking the consent of   my sisters. They purposefully done this to evade me, as am having my own self acquired house in Bangalore. 

 

I am not at all ready to give my portion of land or  my share to anybody, so please suggest a suitable action to get my share legally.

 

Your valuable guidance is highly solicited

 

with regards 

 



Learning

 4 Replies

Ashimta Lekhi Malhotra (Independent Lawyer)     10 November 2013

Contact a lawyer in your city for consultation.

adv. rajeev ( rajoo ) (practicing advocate)     10 November 2013

Sisters are necessary party because they are also legal heirs to the estate of your deceased father.  If they filed suit for partition definately they will get their share.

T. Kalaiselvan, Advocate (Advocate)     10 November 2013

If the partition of the ancestral properties have not been done till the year2005, the female descendants in the form of daughter/grand daughter are also entitled to a share in the ancestral/joint hindu family property.  As you said that since your brothers have not partitioned the properties on the basis of natural justice, you may file a suit for partition of the ancestral properties seeking separate possession of your legitimate share with metes and bounds in the property considering good and bad soil. In the same suit  you can seek another relief to declare the earlier registered partition deed as null and void because it was made under duress/fraud/pressure etc.

sureshyeskay (Retired (VRS) Assistant Director of Horticulture)     23 April 2015

Sir, i suffer somewhat similar situation like this. My father/ elder brother/ younger sister three of them without my knowledge/ presence/ consent registered partition deed of ancestral property of paternal grandfather. The deed states i am a willing party to registration whereas i knew this only after three months of registration of deed. How to proceed with cancel or how to proceed for legal action. Please advise. Before i saw this post i started a message thread similar to this. Thanks. (P:B mother is alive; sister married; brother unmarried)


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