Vinod (Design Engineer) 19 April 2010

Need your Opinion

Case Background:

My Grand father Purchased 6 acres of land near Bangalore and registered 
it in his name in Dec-1984.He has 3 sons and 3 daughters (my father is the eldest among all the sons).
My grand father passed away in 1986. Apart from the above mentioned property he had other agricultural 
and non-agricultural land in his name at the time of his death. There was no Will or any other claims 
left behind by him. The entire land/property owned by him had a clear title.

In 1988, all his children decided to divide property among themselves. The property 
was divided on mutual agreements between all the siblings (daughters and mother got 
some sites as part of this division). They prepared a partition deed (parikat) which 
was agreed and signed by all the children and their mother (total 7 divisions).This 
document was not registered in related revenue office.

Based on this Partition deed, khata was transferred to individual's name and they 
were enjoying the property. Some of them even sold some part of the property or
constructed houses in their property. The 6 acres land khata (which we are discussing 
now) was also transferred to my father in 1991-92.

In April 2006, because of some reason, on 2nd son's demand they decided to create 
one more partition deed (parikat), where every thing was same as old document except
the new document excluded these 6 acres of land which is in my father's name. 
My father was asked to sign on this document. He honestly believed his brothers and 
sisters, and signed on the document. It was then signed by all his brothers, sisters 
and mother. This new document doesn’t mention of sold or transactions done by any of
them till the period. This document was registered in revenue office.

By the time the second partition deed was made, KIADB(Industrial development board - a govt organization)
had sent a land acquisition notification to my father (for the above said 6 acres land).
Notification was sent only to my father as khata was in his name. My father acknowledged 
notification and land acquisition started. None of his brothers/sisters/mother raised 
objections for the land acquisition.

The land price was announced and KIADB sent notification for land compensation to my 
father. After knowing this, 3^rd brother submitted a civil case in the court asking for
the share in 6 acres land in Nov, 2007. He has also submitted a stay in KIADB 
to hold the compensation amount until the case is decided.

Need your opinion for:

1. Can this land be considered as an ancestral property?

2. Considering the above scenario, can my father's brothers/sister still claim share in the land/compensation related to this land legally?

3. Since daughters have already got their share during 1988 partition and they have signed the partition deed document also, can they still claim share in the above said property?

4. As per recent law, daughters can claim equal share in ancestral property. Will this rule be applicable for this case?

5. What are the rights of grand children on the above said land/compensation money?

6. How does court consider partition deeds made several times or registered/non registered partition deeds?

7. Since the first partition deed was made in 1988 was it necessary to register it at that time?

8. In this case what are my Father’s chances of winning the case?

Reply Follow

5 Replies

R.R. KRISHNAA (Legal Manager) 19 April 2010

1. Can this land be considered as an ancestral property?

No.  This land is your grandfather’s self acquired property.

2. Considering the above scenario, can my father's brothers/sister still claim share in the land/compensation related to this land legally?

Since the land acquisition proceedings commenced after your father executed the deed in the year 2006 the persons entitled to the 6 acres of land as per the document of the year 2006 all can have rights over the land.

3. Since daughters have already got their share during 1988 partition and they have signed the partition deed document also, can they still claim share in the above said property?

Their rights would be governed by the new document of the year 2006.

4. As per recent law, daughters can claim equal share in ancestral property. Will this rule be applicable for this case?

Yes

5. What are the rights of grand children on the above said land/compensation money?

No rights.  If the father dies the grand children can claim the share of their father and it shall be strictly in accordance with the document of the year 2006.

6. How does court consider partition deeds made several times or registered/non registered partition deeds?

The earlier made deed though unregistered gets validity through the registration of subsequently made deed (2006).  But the rights of subsequently made deed will prevail and be enforced.

7. Since the first partition deed was made in 1988 was it necessary to register it at that time?

Partition deed is not compulsorily to be registered.

8. In this case what are my Father’s chances of winning the case?

Since your father has signed the subsequently executed deed (2006) your father is bound by the deed and it is advisable to settle the dispute between the family members by negotiation.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 19 April 2010


1. yes this land can be considered as ancestral property

2.might be but what you need to do to win this case is to present earlier partition deed, which showed all things, that it was a family settlement and your father had been kept in hinderence of the new deed and was asked to sign as to register same but it did not contained that 6 acres that was known when notice or case comes forward.

3. no they cannot claim but you must have a copy of original deed, to prove your point.


4. for that date of registry should be confirmed.

5. till your father is their your right does not comes into existence.

6. you need to show all that things in court, rest has to be put on courts discretion, sometimes they do consider family settlement as family settlements are valid in eyes of law even if it is not registered.

7. it was not necessary but now you should proove point you are trying to make.
    {but you need to proove it as a family settlement} in that case ask court to redivide the property as was available at time of first family settlement.

  
8.60:40

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR) 19 April 2010

in reply to 1) the answer would be no

avinash arake (student) 20 April 2010

RESPECTED SIR / MADAM

I WROTE EVERY TIME TODEPT.BUT DEPT.DOES TAKE ATTENTION

IN THE YEAR 2006 TO2007 WHEN MY NUMBER WAS FIRST IN THE LIST OF

COMPASSIONATE GROUND CASE,AND VERY FEW MONTH WAS REMAIN TO

COMPLIT YOUR THREE YEARS RULE ,WE GO TO NAGPUR AND REQEST TO

CHIEF COMMISSIONER ,BUT THEY SAYS THAT WE NOT SUBMIT

RECUITMENT YET TO SCREENIG COMITY ,AT THAT TIME WE ALSO TOLD

AS WEL AS OUR AURANGABAD COMMISSIONER ALSO WROT THAT IN

AURANGABAD THERE REQUIRMENT OF MANY PEOPLE .PLEASE GIVE THE

PERMISSION TO FILL AT LEAST TWO VACANCIES ,AND AVINASH RAMDAS

ARKES NUMBER IS UPPEMOST ,WRITE TO CHIEF COMMISSIONER BUT AT THAT

TIME CHIEF COMMISSIONER DOES NOT GIVE PEMISSION TO FILL THE

VACANCIES ,

THEY MADE TIME PASS WITH MY CASE .I THINK THEY WAIT FOR MY NUMBER CUT FROM THE LIST THEY DID NOT GIVE PERMMITION THEY MADE ONLY TIME PASS AT THAT TIME .

DEPT.ALSO WANT TO GIVE THE PERMISSION TOFILL AT LEAST TWO OR

ONE VACANCIES AT THAT THAT TIME I GOT MY JOB BUT THEY DONOT DO

,WHY THEY DO LIKE THIS WE DON’T KNOW ,BUT AFFTER MY NUMBER CUT

FROM THE LIST OF COMPASSIONATE GROUND ,AURANGABAD

COMMISSIONRATE FILL THE TWO VACANCIES .

THEY DON’T GIVE ANY INFORMATION TO THE OLD CANDIDATES AND NOT

GIVE ANY NEWS IN ANY NEWS PAPER .

WHAT CRITEREA THEY THEY FULLFILL , HOW THEY ARE ELIGIBLE FOR

THAT POST WHICH CONDITION COMLITED, WE DON’T KNOW

BUT DEPT. RECRUITED THEM .

PLEASE LOOK THIS MATTER SERIOUSLY GIVE ME JUSTICE

YOURS FAITHFULLY

AVINASH S/O RAMDAS SANDUJI ARAKE