Hello Experts,
Good Morning!
Three brothers (P1-P3) in the age group 35-40, lured by the escalating prices of the land filed a suit in 2002 against their father D2, his brothers (D1 and D3) and lone surviving brother of their late grand father (D4) and his son (D5-D7) claiming their share in the suit property (land) acquired by their great grand father.
The petitioners pleaded that the suit property was common property and other properties (house and shops) of their great grand father was divided for convenience case and that the defendants were conspiring to deny them (P1-P3) their rightful share in the suit property.
The defendants (D4, D5, D7) produced evidences to the fact that through oral partition between D4 and his brother (the grand father of the petitioners) all the ancestral properties were divided about 55 years back and the same is recorded in the partition list (unregistered) made in 1991 and signed in the presence of the advocate who drafted it by D1 to D4 and D2 the father of the petitioners had signed on their behalf also as they were minors then.
The court has dismissed the case in NOV 2010 and the judgement copy is awaited. The petitioners are likely to appeal against the court verdict.
As the legal process is strainful, costly and time consuming and difficulty in protecting the land property from intrusions by the neighbours due to conversion of agriculture lands to plots, D4, D5 and D7 want to sell their portion of the land, please illustrate the legal aspects and the precautions to be taken to avoid problems in the future as D4 is aged about 90.
