d.chandramohan (business) 03 November 2020

Reg civil

My grandfather purchased land of 20 acres with his brother in-law in 1911,and in 1912 he mortgages the property adding his brother name,In 1921 he partitioned the land with his brother in law, equally each 10 acres,he died intestate,he has also left some other properties, he died intestate, other properties were divided between his sons,the remaining property is one which he purchased in 1911,His brother's heir are now claiming that they have equal right in the property, kindly reply

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6 Replies

Advocate Bhartesh goyal (advocate) 03 November 2020

No,your heirs of your father's brother have no right and share in property which had been partitioned in 1921.

Suri.Sravan Kumar (senior) 03 November 2020

since the property was partitioned equally between your GF and his brother-in-law, the LR's of Brother-in-law will not have or acquire any right in the property.

G.L.N. Prasad (Retired employee.) 03 November 2020

This "partition" is the most complicated word and show such partition deed between a person and his brother in law, only after studying the contents a solid opinion can be given. There are many cases where sale deeds were shown as partition deed between unknown relatives in Hindu families to call that as self-acquired property because it was secured through the partition (though it was in fact a sale deed) to severe the claims of other co-sharers.