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Kamaraj Math   03 June 2024


Dear Sir,
My grandfather had 36 acres of agricultural land ( ANCESTRAL). He has 3 Sons and 6 Daughters. In 2003/04 He Transferred his property to his 3 sons without the consent of his 6 daughters. He passed away in 2015.
In 2022 One of my brother in law had Some private loans and wanted to sell his 2.5 acre land and he approached us we agreed to purchase the land and we paid his loans worth 15 lakhs and In caution we made a ISHARA KHAREEDI (Kannada) ( I don't know the meaning in English) registration.
My brother in law showed like he will transfer his property without any problem and prepared all the document to secure our trust. One day we went to register the property in our name. Bond writer convinced or misguided that we have to cancel the present ISHARA KHAREEDI REGISTRATION first and it will take 24 hours to cancel. In trust of my brother in law's words we cancelled it. But After that day my brother in law was not responding and he cheated us.
We asked several times to atleast return our money. but he and his wife and sons are treating us like we are begging there money.
So, Sir please tell me Is it possible to file a partition suite in my mother name because it is an ancestral property. Or The time limit of case filing is passed in my case.

Thank you


 4 Replies

Dr. J C Vashista (Advocate )     03 June 2024

Presumably you are Hindu, wherein your grandfather stated to have transferred entire 36 acres land in the names of 3 sons leaving blank for 6 daughters, which is illegal and invalid transaction as his daughters (your bua ie. aunts) have an equal share in their ancestral land.

I could not understand local Kannada term "ishara Khareedi" as mentioned therein by you, however, it may be an agreement to purchase. If so, get it executed by registration of sale deed.

It is not understood as to what is the locus standi and concern of your "brother in-law" with such an agreement ???

Facts posted are vague, redraft if you seek obligation of experts on this platform.

It is advisable to contact and consult a local prudent lawyer with relevant records for proper appreciation of facts, professional advise and necessary proceeding.

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Kamaraj Math   06 June 2024

Dear Vashista Sir,
My grandfather Transferred his property to his 3 sons in 2003/04. Some people saying you can't file a partition suite now because case filing time is over now.
But my cousins grandmothers filed a case few years back and succeeded in getting their share of property in 2022 which was transferred to their brother without their consent in 1970/80.
Please clear my doubt sir Can I file a case or the time is over now?

P. Venu (Advocate)     06 June 2024

You have posted two unrelated issues -

One, the alleged settlement of the so-called ancestral property by the grandfather in favour of the sons excluding the daughters, and

Two, alleged agreement between the sons and their brother-in-law for the sale of HIS land in lieu of the money advanced.

As such, what is the relevance in filing partition suit? Please repost the query with consistent facts in simple language.

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

If you confirm that it is ancestral property then you can ask your mother to fil;e a suit for partition seeking her rightful share in the property.

Whatever worth it is you may file a suit which will put pressure on them so that they may even come for a compromise settlement.

As far as the money what you hve given them is concerned you may file a suit for recovery on the basis of the documentary evidences in your possesison 


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