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nithesh (Asst. Manager)     18 April 2009

property inheritted

Sir,

My query is regarding partitian of land owned by my father.

My Father(X) had 50 cents of land at the bank of a river.My sister had land of 20 cents adjacent to it near the bank of river.

A road was there to my sisters plot and a walk way was there along the bank of river.By no vehicle road to my fathers plot.

When my father expired, he has wrote 2/3rd of the property in my name and 1/3rd in my sisters name.As I felt this not right ,  i have rewrote 1/2 each (25 cents each ) mentioning that a road of 12 feet width has to be provided along the bank of river to my plot.

After 10 Years my sister sold her earlier 20 cent property to her son mentioning a road of 12 Link width to her 25 cents plot along the back side of plot but nothing was mentioned about the road along the bank of river.

Now my sisters son argue that he can provide only 12 Link road only through the back side of the plot as it is mentioned in the sale deed with my sister and him.

Is it allowable?

Being the partitian agreement between me and my sister exists at the time of sale of my sisters property to her son in which the road was through bank of river, can she provide road through the back side?

 

What my sisters son argue is that in the agreement between him and my sister the road is through back side and noit through the bank of river?

How can we fought against this?



Learning

 2 Replies

Swami Sadashiva Brahmendra Sar (Nil)     18 April 2009

your sister could not transfer a right which she did not have. transfer to that extent is void.

nithesh (Asst. Manager)     18 April 2009

Sir,

Please find the attachment mentioningh the plots and road.                                                                What he argues is that nothing is mentioned about the road infront of the plot allready owned by my sister.Only road infront of the partioned plot is mentioned in the partitian agreement.     What we argue is that a road means access to my plot from an external road and road infront of my sisters allready owned plot is understood eventhough it was not mentioned in the agreement.

Also the plot belonged eith my sister at the time of partitian .Is our arguement legal?


Attached File : 20 plot.doc downloaded: 127 times

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