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MadhuGunavathy (others)     20 August 2026

Can file for partition against mother of my grandmother land

 

Dear Sir/Madam,

My grand mother died on 1967, and her father died around on 1950, her mother died around 1960.

 

The land property document registered in mother of my grandmother's name from 1944 still now.

 

 

But the land patta name is automatically transferred to brother of my grandmother on 1970 approximately.

And the land property owned by brother of my grandmother still now.

Please give your valuable suggestions for we have rights on the property now and can file civil suit for partion for the land.

Thanking you.



Quick Summary
This discussion concerns the possibility of filing a partition suit for ancestral land originally registered in the name of the user's great-grandmother. Although the land patta was transferred to the user's grandmother's brother in 1970, the user believes they may still have rights to the property. Advice is sought on whether a civil suit for partition is feasible given the time elapsed since the original owner's death.

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 August 2026

Was the case related to some decades ago? Why did you keep silent all these years?

1 Like

Dr. J C Vashista (Advocate )     21 August 2026

Consult a local prudent lawyer with relevant records for proper analses of documents and professional advise.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 August 2026

You do not have any rights in the property, especially if your mother is alive. It is also not known that how did your grandmother's brother acquire this property in the year 1970. 

It is more than five decades of the last known transfer of property. If this is a real problem you can approach an experienced lawyer in the local with all relevant papers and seek his advise.

1 Like

Dr. J C Vashista (Advocate )     22 August 2026

Relax.

You have no right, interest or claim on the property during the lifetime of your mother.

Alexander Moreau   22 August 2026

Take the original 1944 document, the patta records, death records, and details of your family tree to a local property lawyer before filing a partition case.

P. Venu (Advocate)     22 August 2026

 

The query is short of material facts.

Any how, it is your mother who needs to seek and pursue partition. You have no locus standi during your mother's time.

1 Like

Combo Legal Consultancy   23 August 2026

Whether you can claim partition depends mainly on how your great-grandmother acquired the property and the applicable succession law. A 1944 document standing in your great-grandmother’s name is important, but the complete title document must be examined to determine whether it was her absolute property or property held under some limited right.

A patta/mutation transferred to your grandmother’s brother does not, by itself, conclusively establish ownership. Revenue entries are primarily maintained for fiscal purposes and ordinarily do not extinguish an otherwise valid title.

The crucial question is what succession law applied when your great-grandmother died around 1960. Since this was after the Hindu Succession Act, 1956 came into force, if she died intestate while holding property as her absolute property, succession would ordinarily have to be examined under Sections 15 and 16. Your grandmother’s share, if any, and its subsequent devolution after her death in 1967 must then be traced.

Before filing partition, obtain the 1944 deed, death records, genealogy, mutation proceedings, current revenue records, and encumbrance records, and also examine limitation/adverse-possession issues.

1 Like

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