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bhagirathsinh jadeja (tdo)     21 October 2009

mistake in Record of Right


I have unique problem regarding rocord of rights and  partition of ancestral property (HIndu).

At the time of survey settlement in 1957 in guj. A,B,C, and D were four brothers.But in record of rights all the properties were reorded on the name of elder brother A. Property was ancestral. Now after death of  elder brother A, sons of his enterd their rights only and denied rights to other brothers of  A (such as B, C, and D). And entered their rights only in revenue record. They also sell some of the properties which were in  actual possession of B. How B ,C and D can get their right in ancestral property  ?

Please advise. Thanks. 


 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 October 2009

Limitation plays vital role in your case.

It is a partition of 1957.  You not clearely mentioned the date of entry of your elder brother's sons.

B,C and D will have to file suit for declaration Limitation is 3 years from the date of denial.

To prove their case they will hve to produce the partition deed.

To bring in to the limitation they will have to take the contention that recently we came to know that behind the back of us sons of A have sold our share without having legal right or tittle over the suit properties.

The name entered to the suit properties are stray entries, such entries have not valid in the eye of law.

it is necessary to show that suit properties are in the possession of the b.c and d.

it is also necessary to take the contention that sales by the sons of A are not binding on us.

yogesh (adv.)     21 October 2009

if u r in gujarat u can file appeal to the deputy collector u/s. 108 of the land revenue code of gujarat which is bomaby land revenue code.as per my best of knowledge u can get your right as its ancestral property. but now u didnot have to wait and u have to clain as early as possible.

more particular reply can be given on receiving facts and dates of the case.

bhagwat patil (Property due diligence 9422773303)     27 March 2010

if the record of right contains a's name and etc 4 is written in next. u dont have to worry it is understood that  the property belong to all 4 brothers just check old ror.

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