awxavier 22 March 2015

Property partition

Hi,

I live in Bangalore since 1985 after living in noth and east from 1974 onwards. I together with my father purchased land and house in home town in Tamilnadu. Unfortunately, I do not have the documents in my possession, though I am the eldest in the family. Howver, I have a feeling that all purchased properties should be on my mothers name, as discussed by my father during every purchase of the land/house etc.

I was living away from my parents and was paying regularly for their maintenance until 1989. Mid 90's, my younger brother constructed a house in the family property and sh*ted from the family house. he claims that the land was given to him.

Besides, some land was given to my sister too, as claimed by her.

Of late, i see that my brother compounded the entire area together with family house and do propoganda that I gave up everything.

When i questioned my brother 2 years ago, he marked a small portion for me within the compounded area of the family property. leaving aside land stated as given to my sister.

I have not signed any of the papers related to transfer of the land to my brothaer and sister.

We are 2 brothers and 4 sisters and both parents are not alive. When, they were alive, for my repeated rerminders to settle the matterds were not heeded by them, but were maintaining scielence. i had concern that my staying away from the native was misused by my brother and sister/sisters and forced my parents to remain scielent.

Neverthless, I would like to know

1. How do I claim the my sdhare of the parents property(aquired together with me, no proof)

2. Is the document on transfer of property is valid in the absence of my acceptance / signature( I could see in panchayat office records, my brother's and sister's name appears in some part of the property)

3. Can I file a case to

a. cancel invalid transfer of property

b. to vaccate the house where my brother is living now

c. to divide the entire property between two brothers(cost of construction can be adjusted in the partition deal)

d. as I live in Bangalore, can I file case in Bangalore court

4. Please advice me with the procedure and coourt jurisdiction.

Please advice.

Regards.

AW Xavier, bangalore 560032

Mob: 9611568771

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6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 22 March 2015

Sir, First thing is in whose name the property stood ? Because as you are saying if its in your mother name and she died without leaving any will or gift deed for someone specifically, then in that case you all brothers and sisters will have equal share in the property ..... File a suit for partition and seek injunction from the court so that your brothers and sisters don't deal with the property otherwise ..... Regards Kapil Chandna Adv 9899011450

Dr J C Vashista (Advocate) 22 March 2015

Is there any will or any other document executed by the deceased? Who is the (documented) owner/ titleholder of the property now?

The properties shall equally be divided among 2+4=6 LRs. i.e., 1/6th part each, if no other document executed by deceased.

For further clarification/proceeding just "Click to talk" button in my profile.

Kumar Doab (FIN) 22 March 2015

The names appearing in mutation record may not necessarily become claim of ownership.

You may obtain the complete record of title of property from previous owners from whom the property was purchased and find out how the property was transferred in the name of your mother/father/brother/sister e.g. Sale/Gift/transfer deed etc or by WILL……………………………..and in whose name the balance property exits.

You may seek the help of lawyer dealing in such/property/family/civil matters and well versed with local/state laws…………………..and once the record is with you, it can be analyzed.

The claim of Legal heirs/succession shall be decided as per Personal laws applicable to the owners e.g. Hindu Succession Laws etc….

dr g balakrishnan (advocate/counsel supreme court) 22 March 2015

fact of natural justice is all of you can claim equal share from father's properties...also in the absence of yr mother's will...you can bring injunction till a legal partition...you can file yr civil case even at bangalore as you are a resident there sits residence...and on the basis of proof of your being the son of same father and demised mother.

if there is any deficiency is n law in respect of your facts you can even move a civil writ in the high court too for judicial review.

Subash M R (Advocate) 22 March 2015

The concept of ancestral property does not exit in Christian personal law and as such your chances of claiming on parents' property is based on equity and natural justice.

Thanking you,

T. Kalaiselvan, Advocate (Advocate) 25 March 2015

The property left intestate by your father shall devolve upon his legal heirs as per Indian succession act. If there was no arrangement or Will distributing the estates/immovable property and there appears no mutual or amicable settlement, you may have to file a partition suit seeking partition of entire property and separate possession for your legitimate share out of the properties. A suit will be liable within the jurisdiction where the property situates.