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Raju (Business)     21 April 2010

Property Dispute between Brothers/Sisters

Kindly excuse me, because the case I am going to explain is little bit lengthy but I have no other choice.

I am writing this on behalf of my friend. The case I am describing is related to 6 acres of land which is located in Bangalore, Karnataka. He is a Hindu.

Case Background:
My friend's father had bought 6 acres of land near Bangalore in Dec, 1984, which was registered to his name. He has 3 sons and 3 daughters (my friend is the eldest among all of them). My friend's father died in 1986, 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. So entire land/property owned by him had a clear title.

Till 1988, all the property was in my friend's father name and my friend was taking care of the family because all his brothers and sisters were very young. By 1986 all his daugthers were married. In 1988, siblings  decided to divide the property among themselves. The property was divided based on mutual agreements between all the siblings (daughters got some sites as part of this division). They prepared a partition deed (parikat - document which states who owns what and property neighborhood, dimensions and survey number) and all of them signed on the document (including daugthers and mother - 7 divisions). The copy of this document was given to all of them. This document was not registered in any related revenue offices.

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

In April 2006, because of some reason, on 2nd son's demand they have decided to create one more partition deed (parikat), where every thing was same as old document except this new document excludes two property ,that is 6 acres of land which is in my friend's name and a site which was already sold by his brother based on first partition deed. My friend was forced to make signature on this document. He says he honestly believed his brothers and sisters, so he signed on the paper. All his brothers, sisters and mother also signed on this new document. There is no mention of sold or transactions done by all of them till this period in the new document. This document was  registered in revenue office. After 3 months of this new partition deed was made, one of the properties which was given to his sister has been sold by her.

By the time the second partition deed was made, KIADB (Industrial development board - a govt organization) had sent a land acquisition notification to my friend (for the above said 6 acres land). Notification was sent only to my friend as khata was in his name. My friend 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 friend. After knowing this, 3rd 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 for holding the compensation amount till the case is decided.

Need your opinion for:
1. Is this an ancestral property?

2. Considering the above scenario, can my friend's brothers/mother still claim share in the land/compensation related to his 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 share legally?

4. As per recent law, daughters can claim equal share in ancestral property. In this case what is applicable?

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

6. Legally how court considers partition deed made many times or registered/non registered partition deeds?

7. In this case what is my friend's chances of winning?

 1 Replies

bhagwat patil (Property due diligence 9422773303)     25 April 2010

1. it isan ancestral property. depends. 5. if father is alive no right. depends upon facts and figures. will take years together, they have to compromise.

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