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Lohith YC   19 April 2021

Oral partition of ancestral property & shares

My Grand Father (dead) had 6 acres of self acquired property.

He had 3 sons - Ramanna, Huchanna & Thimmanna (all are dead).
Partition is not made.

I'm Ramanna's only son. Moved out of village at younger age. My Father and Mother both dead when I was 12 years and I was forced to move to another village and started living with my relatives and later settled in bangalore working in a factory for my living.

Thimmanna & his wife didn't had any childrens.

One of my Uncle (Huchanna's) son - Suresha has made sale deed with Thimmanna and purchased 2 acres of land before a year of Thimmanna's death.
He says we have made oral partition and he has purchased Thimmanna's share.
This oral partition is not mentioned or registered anywhere but they have made entries in RTC records without my notice or signatures before making this sale deed.
All 3 sons - Ramanna, Huchanna & Thimanna getting 2 acres equally and is mentioned in RTC records.

Not sure if they have suppressed me and my father in family tree (if they have submitted during the sale deed made between Suresha and Thimmanna)

In sales deed they mention only one Huchanna & one Thimmanna has made partition in front of panchayt members in 1998 and divided the property. I have not signed in this sales deed, In fact not aware of this sale deed and got to know after few years.

My Father or Me don't get any attention here, particularly sale deed and partition they are saying.

If we move to the court for partition, considering on the above sale deed -
1. Do Thimmanna still get his share as he is dead and don't have legal heir ?
2. If Thimmanna gets share, will it go to Huchanna's son Suresha ?
3. Do Suresha also get share in his Father's portion after partition ?


 7 Replies

Sankaranarayanan (Advocate)     19 April 2021

As per the lengthy query you are interested to file a suit therefore better to consult a local lawyer and act accordingly

1 Like

Rama Kanth (IT Profession and LAW Student )     19 April 2021

before approaches any lawyer he might be looking for possible shares in this issue..if someone could give answer instead of suggestions that would help many readers

raj oswal   19 April 2021

call family meeting with some renowned person from ur locality and discuss the entire share of the family before going to court. if not solved with the family members then u have to consult a good and experienced lawyer in civil matter.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 April 2021

AGREE with above Experts Advices.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Shashi Dhara   19 April 2021

After the death of gf all get equal share,the deceased  ,son and wife be legal heirs for 1/3rdshare.issue legal notice and file suit for partition.

Deepak Chandoliya   19 April 2021

Go for suit for partition and bring all the parties to mediation.

Tousif Shaikh   19 April 2021

As per my knowledge if Thimanna has indeed sold his shares before he died then of course Huchanna's son Suresh is legal owner of the shares which Thimanna had intestate from his father i.e. your Grand Father.

You have no right or can claim whatsoever any shares other than your Father's shares which is 2 acres of land.

Yes there will be problem when they want you to have certain position of said land, which might be not acceptable by you. There you can file a suit for partition after consulting with a Civil Lawyer

Overall I don't think you can claim any legal status on the shares of Thimanna as you have mentioned in your descripttion.

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