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Ravi Kumar (None)     01 January 2012

Ancestral property partition

Dear All, Wish you a very happy new year!!

Parents of my mother had given her some land(some owned by grandfather and some owned by grandmother) at the time of marriage just by word. My mother was married in around 1965. My Grandfather expired in 1970's and my grand mother expired in 1991. My monther has two brothers. My mother and her brothers have together executed a partition document in 1983 but that was not registered with government. What are the corrective steps that we should take now to make sure that government recognises my mom and her brothers as owners of partitions as per document they executed in 1983?I am from Andhra.

Thanks for your help!



Learning

 9 Replies

Advocate Vishnu (Advocate)     01 January 2012

You may execute a registered partition deed amongst the brothers and your mother to avoid any legal problems in future.

seema sharma ( manager)     19 January 2012

what if there is no partiton deed and only through words one got it.

Advocate Vishnu (Advocate)     21 January 2012

A oral partition is one by which members of a family agree to partition the property amongst themselves. This is legally valid. If any member disputes the oral partition which had taken place many years ago, the court of law will look into the conduct of the parties to suit from the time of oral partition as claimed by the parties to the suit..Example: possession , enjoyment of rents ..etc

pradip kumar prasad (accountant)     18 May 2013

dear freind oral partition is not valid in eyes of law.but there are many examaple of supreme court decision the oral partition is valid in regard to the proof of family serttlement.

Adv. Sharanagouda S Patil (ADVOCATE)     25 May 2013

Dear Colleagues,/Friends,

My mom and her sisters (3 peoples), my grand father and grand mother expired on 1976 and 2010 respectively, my grand father written adoptation deed on white paper with witness, all witness are dead.

according that, all property ( refered as land) mutation hase been done on around 1997 to my mom. All land executed in my mother name. And from begining she only cultivating all lands.

Recently means 2009 my grand mother executed one" will" with registration all property should enjoy with my self (grand son) and my mom. Before this already all land RTC is my mother name and she only enjoying the properties.

Now her sisters are filing the partion suit against my mom,  after death of the my grand mother. The property is ancetral.

This case is stand or not and if any recent judgement or act or  any remedy to securing the property of from her sisters? kindly quote and guide me.

Thanks with regards,

Sharanagouda S

 

 

 

Advocate Vishnu (Advocate)     26 May 2013

How did your grandfather acquire the property...? ( Was is self acquired /ancestral)

Adv. Sharanagouda S Patil (ADVOCATE)     27 May 2013

my grand father is acquired this property from his father. Kindly guide us and send any amedment rule or act or any other judgement to be quoted.

 

Regards,

SHARANAGOUDA

ADV

Advocate Vishnu (Advocate)     28 May 2013

If the property was acquired from his father, was it by inheritance /will/partition...?

How many siblings did your great grand father have..?

Was your mom adopted by your grand father...?

Did he leave behind any will favouring your grandmother...?

Since your mom is in physical possession of the said property, her sisters cannot evict her at this point of time. It is only after the suit is decreed, they will be entitled to possession of the said property.

Adv. Sharanagouda S Patil (ADVOCATE)     29 May 2013

Dear sir,

My grand father and other one only two. 1976 partition was done by the both.

My mom was elder doughter of my grand father when I born that time my father was expired then my grand father and grand mother was adopted me as a son and adoptation deed was executed with white paper with 4 witness has been signed. Then my grand father transerted his property to my grand mother and after my mom. Now all RTC is in my Mom.

Before expiring my grand mother she executed will before the subregistrar in favour of me and my Mom to enjoy the property. 

Any judgment or case no. or any act amended copy to be quoted 


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