cpc

is 1st generation family settlement deed is required ?


Hello sir,

My deceased hindu father had purchased  agri land 10 acres on my name  ,7 acres on younger brother name (when we were minor) and 7 acres on my mother name.My brother is not ready to divide property equally among three of us as he wants more share than me and all our elder family member efforts have failed to convince him.Hence I want to go to court and  file partition suit.In this context, I have following legal queries:

1) Is my father family (5 uncles) settlement deed is required for filing partition suit?if yes, is family settement agreement paper (unregistered) is valid?

2) Is land purchased father on our name when we were minor comes under joint family property?

Can you kindly take your time to answers above queries and guide me on partiton suit.

Thanks in advance for your time and advice.

- MK Arjun

 
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Advocate

Dear,

 

First thing I need to know is whether the lands purchased by your father from the joint family money or self acquired money ?

Secondly, was your father's property through your grandfather was divided or what is the status of your ansectral property?

 

Advocate Kapil Chandna

9899011450 

 
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Dear Adv Kapil,

10 acres land (registered on my name) and 15 acres land (share given to his brother) was purchased by father with his self earned money but my father was staying with joint family till 1972.During family partition (year 1972) my grandfather did not give his self earned property (60 acres) to my father instead he gave 10 acres (which is on my name) to my father as his share. Remaining 15 acres land earned by father gave to his 5th younger brother. And my grandfather and panchas had made family settlement agreement paper in panchayat and grandfather 5 sons had signed the agreement paper but not registered yet.

After family partition in year 1972, my father had purchased 7 acres land on my mother name and 7 acres land on my younger brother name in year 1983 from his self earned money (income from land and business)

Now 3 of us (myself, mother and brother) wants to make division of properties (10+7+7) through court of law.Hence dI want to know whether we need my father family settlement agreement paper (1972)? if yes, is unregistered paper is valid? if not, what is best way to file a partition suit.

My aim is not to create any legal problem in other 5 uncles (my father brothers) families as they are leading happy life since 40 years.and I respect my father dicison taken during their family partition in year 1972.This dispute is only between me and my brother

Does all 3 properties (10+7+7) comes under joint family property?

Thanks a lot.

MK Arjun

 
Reply   
 
Advocate

Dear, All the properties are self acquired and are given with free consent of the concerned owners, there lies no dispute and there is no need of further division.
 
Reply   
 

Dear Adv Kapil,

Thank you for your valubale advice.

Bangalore advocate saying that property purchased by father when we (me and brother) were minor, comes under joint family property because source of fund was sourced from father's self earn money.Therefore 10+7 acres land must be equally shared between me and brother.However he said 7 acres land on mother name is not sharable and she is sole owner of 7 acres land.Is this true? and is same law  holds good in supreme court?

Thanks

MK Arjun

 
Reply   
 
Advocate

Since everyone is a sole owner, there is no question of partition. Yes it hold good anywhere in India.
 
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Thanks a lot  for your advice and recommendation.

Regards

 
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