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Santosh Kumar (Unemployed)     15 October 2017

Registration of plot

Respected Sir/Madam!

         Partition in between me and my brother after death of my father was in Jun 2016 on Rs.100  stamp paper with witnessing of four villagers  myself,my brother and mother also sign on it. As follows:  "All properties are divided into two parts in between me and my brother, but 2 Bighas of agricultural land given to my mother for her personal expenditure other than food,medicines,clothes. After her death it will be divided into two parts."

                That agricultural land of 2 bighas my brothers's wife get registered in her own name from my mother and also got mutation  from block  in last year (Oct 2016). That plot was purchased by my Late father in his own name about 30 yrs back (all original papers of properties  in name of my father  are available).

            Is it legal or illegal. Can I challenge this registration in court to get my share in this properties. Please guide me about what course of action will be taken .



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 4 Replies

Vijay Raj Mahajan (Advocate)     15 October 2017

Yes you can. After the death of your father if he died intastate ie without making a Will, all his legal class 1 heirs namely all children and his widow and his mother if alive get one share each. Your mother doesn't have any right to get the property registered in name of anyone like this without taking NOC of the remaining class 1 heirs including you.
1 Like

Nitish Banka (lawyer)     15 October 2017

without RD the sale is voidable go for a declaration simplicitor suit if you have possession of the suit propert no court fees is to be paid.

Adv. Nitish Banka

9891549997

Santosh Kumar (Unemployed)     15 October 2017

Respected Advocate Vinay Raj Mahajan ji Sir and Advocate Nitish Banka ji Sir!

 
Thanks for your attention towards my problem.
 
Appended below please find the full details of my problem:  
    Partition in between me and my brother after death of my father was in Jun 2016 on Rs.100  stamp paper with witnessing of four villagers  myself,my brother and mother also sign on it. As follows:  "All properties are divided into two parts in between me and my brother, but 2 Bighas of agricultural land given to my mother for her personal expenditure other than food,medicines,clothes. After her death it will be divided into two parts."      
 
           That agricultural land of 2 bighas my brothers's wife get registered in her own name from my mother and also got mutation  from block  in last year (Oct 2016). 
 
       That plot was purchased by my Late father in his own name about 30 yrs back (all original papers of properties  in name of my father  are available).        
 
     Is it legal or illegal. Can I challenge this registration in court to get my share in this properties. Please guide me about what course of action is to be taken .

Santosh Kumar (Unemployed)     15 October 2017

Originally posted by : Santosh Kumar
Respected Advocate Vinay Raj Mahajan ji Sir and Advocate Nitish Banka ji Sir!

 Thanks for your attention towards my problem.

 Appended below please find the full details of my problem:  

    Partition in between me and my brother after death of my father was in Jun 2016 on Rs.100  stamp paper with witnessing of four villagers  myself,my brother and mother also sign on it. As follows:  "All properties are divided into two parts in between me and my brother, but 2 Bighas of agricultural land given to my mother for her personal expenditure other than food,medicines,clothes. After her death it will be divided into two parts."      

            That agricultural land of 2 bighas my brothers's wife get registered in her own name from my mother and also got mutation  from block  in last year (Oct 2016). 

       That plot was purchased by my Late father in his own name about 30 yrs back (all original papers of properties  in name of my father  are available).        

     Is it legal or illegal. Can I challenge this registration in court to get my share in this properties. Please guide me about what course of action is to be taken .

 

 


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