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sundeep yadav (SNCO)     06 July 2014

Claim on ancestral land

Sir

Please guide me

We have a land in Haryana approx 08 acres purchased by my grandfather in 1962.

He expired in 1982 after which there were 04 legal heirs my grandmother, aunt (bhua), uncle (chacha) and  my father. The land was transferred on the name of my father and uncle after my grand mother and aunt gave their share to my uncle and father respectively  by giving a statement in the court of SDM and the mutation was done on the name of my father and uncle (in 1982).

Q1. Now my aunt threatens us that she will file a suit for partition of this land , does she have a lawful right in the property now?



 9 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     06 July 2014

See any interest in the immoveable property can be transferred only by an instrument in writing and that too must be registered. Merely by giving the statement before SDM the purpose will not be served.

Situation may be different if it were a decree from the SDM that will depend upon the prayer.

In all likelihood she is having undivided share in the property hence she can claim partition.

 

T. Kalaiselvan, Advocate (Advocate)     06 July 2014

@Sundeep Yadav- SNCO:   Your aunt (bua) has a very weak case even if she files a partition suit claiming her share in the light of her statement before the SDM relinquishing her rights over the property in favor of her brothers and also subsequently the properties were duly mutated on the beneficiaries names in the revenue records, thus clause of adverse possession too attracts, hence you can challenge the case appropriately, consult a prudent local lawyer and take his advise before proceeding with the legal case or sit and talk it out with your bua and other elders to resolve the issue amicably.

I ask this in my academic interest, is SNCO means: Senior Non Commissioned Officer of Indian Air Force?

Jeevan (Nil)     06 July 2014

Partition is clearly defined in Hindu Succession Act...either it should be a court decree and reg partition deed. She has Un divided share...I agree with Sri Akhtar Ali

Jeevan (Nil)     06 July 2014

Partition is clearly defined in Hindu Succession Act...either it should be a court decree and reg partition deed. She has Un divided share...I agree with Sri Akhtar Ali

Jeevan (Nil)     06 July 2014

Partition is clearly defined in Hindu Succession Act...either it should be a court decree and reg partition deed. She has Un divided share...I agree with Sri Akhtar Ali

Jeevan (Nil)     06 July 2014

Partition is clearly defined in Hindu Succession Act...either it should be a court decree and reg partition deed. She has Un divided share...I agree with Sri Akhtar Ali

sundeep yadav (SNCO)     06 July 2014

Sir,

Please advice

My Bhua made a written statement in front of SDM on the basis of the same the mutation was done. i have a copy of the order as well

T. Kalaiselvan sir snco means the same u mentioned 

murgesh (owner)     07 July 2014

 

Hi,

My father has ancestral property of 20 acres of land in his name. As my father is alive can i claim my share in the same property? If yes how many acres to be claimed as he is alive?

Thanks

T. Kalaiselvan, Advocate (Advocate)     07 July 2014

@Murugesh:Your information in the query is incomplete.  You have not stated that whether the property in your father's hand was as a result of partition of ancestral properties among his brother, sisters and the property inherited upon such partition was that of the share that was allotted to your father's father as his share out of his father's share in the ancestral property.  this is to confirmed to ascertain that whether the property now in possession of your father is ancestral in nature.  If the same is confirmed as ancestral property, you are entitled to a share in the share of your father out of the allotment of such an ancestral property inherited by him and likewise, your brothers and unmarried sisters are also entitled to an equal share similar to that of yours. Your married sisters, if any, if have been married before the year 1989, are not entitled to any share in the ancestral property.  You can consult a local lawyer giving him entire details, take his advise.


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