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Ss   19 September 2019

Ancestral property dispute

My grandfather has done partition deed of the 2/3 of ancestral property to his son with out any intimation to my mother in 2004. Remaining property he registered it on my grand mothers name at the same time. Now when she asked for her share they are saying she does not have any right. Does.my mother have right to claim her share in the property now?


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 10 Replies

Real Soul.... (LEGAL)     19 September 2019

You mother must file a suit for partition and possesion for entire property. She should also file  a claim for mesne profits ;

 

Ss   19 September 2019

They are saying after 12 years of partition deed she has not right to claim. Is it true?

Real Soul.... (LEGAL)     19 September 2019

Actually the property was not your grandfather's owned property but ancestral property ,means that belonged to all of hiers; You grandfather could gift or give his personal share to any one but he cannot partition the ancestral property without your Mother's consent as she is one of the co owner.

regarding the 12 years  that is not apllicable to co-owners ,that is owner by prescripttion but for strangers not between the sharholders.

You mother is co owner not any stranger so she should file for suit. Hire the services of some good Civil lawyer and file case challenge the title of other heirs too.

Ss   19 September 2019

Thank you very much for the response and guidance.... Very grateful to you Sir

Ss   19 September 2019

Just got to know that it was not partition deed but power of attorney given to my grand mother and my mothers brother

Real Soul.... (LEGAL)     19 September 2019

You are welcome;;;

Read this

Ramesh Chander Gupta vs Kanta Gupta on 20 February, 2015

. It is well settled that the possession of one co-owner is considered in law as possession of all co-owners. The possession of a co-owner is presumed to be on the basis of joint title. Long and continuous possession by itself would not constitute adverse possession. In order to constitute adverse possession, it is not enough to show that one of them is in sole possession and enjoyment of the properties. The co-owner out of possession must be proved to have had notice of assertion of hostile possession ousting him. The relevant judgments are as under:

 In P. Lakshmi Reddy v. L. Lakshmi Reddy, AIR 1957 SC 314, the Supreme Court held that the possession of one co-heir is considered, in law, as possession of all the co-heirs. The relevant portion of the said judgment is reproduced hereunder under: -

Real Soul.... (LEGAL)     19 September 2019

Originally posted by : Ss
Just got to know that it was not partition deed but power of attorney given to my grand mother and my mothers brother

That is of no use....except for your grand fahter's personal share.

Ss   19 September 2019

Thank you Sir. Much obliged to you for clarifications

Bhagwan Tolani (Salaried)     21 September 2019

No, your mother has no right to claim her share in ancestral property. It was purely your grandfathers dicretion, to whom give his property.

 

Rgds

Shashi Dhara   31 October 2019

It has happened before 2005so your mother cannot claim any share but canfile suit for partition who knows what happens in court.

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