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karthik (manager)     16 August 2013

Unregistered family partition deed

Dear Sir,

Thanks in advance for the suggestion and solution to be given by you all.

This dispute is regarding the partition between our family members

History:

Land owners : My father owns 9 cent residential land (which is purchased from his own income frm govt job), My grand father owns 26.5 cents residential and my grand mother owns 1 acre agricultural land and 23 cents residential land

My Grand Mother expired on 1992 and my Grand father expired on 1996.

Legal Heirs for my Grand Father & Grand Mother are - Total 3 son and 1 daughter, Out of them 1 son is expired, so his wife become legal heir.

The current legal heirs are 2 sons (My Father & a brother), 1 daughter & 1 daughter in law 

During 2003, local persons including a councilor has made partition agreement as follows

a. Selling 1 acre agricultural land of my grand mother an pay 2.10 lakhs full and final settlement to the daughter. sharing the balance amount of 1. 5 lakhs each by 2 sons and daughter in law. and balance lands including my father owned also equally share by balance 3 person i.e. 1 son (my father), another son and daugher in law.

All legal heirs are signed in that unregistered partition deed.

b. We have sold 1 acre agricultural land of my grand mother through local persons who did partition and settled the daugher for 2.1 lakhs and got registered Relief deed from the property ownership from the daughter.

c. Out of the balance amount my father and daughter in law got 1. 5 lakhs each and another son asked extra land with his share amount and he has given the amount to the local persons who did partition. Local persons also insisted us and we have accepted and told after make proper partition, we will receive the amount and give extra land. We give it in writing in a white paper.

DISPUTE IS

My Uncle (my grandfather son or my fathers brother), didnt allow any persons to make the partition on balance property and he created a duplicate will in old date in his favour mentioning all lands are gifted to him by his parents. and he was telling that he didnt receive back the amount given to local persons and told that we got it from them.(we dont aware whethr he recd it from local persons or the local persons cheated him or not)

Till now, he and daugher in law is staying in that lands, and we are settled long back in chennai (300 kms away from the village town)

And recently, my uncle is changed some patta in his name and constructed a small hut and got electric connection.

From the unregistered partition date , now it was almost 11 years,

We have applied Legal heir certificate  in the applicant name of daugher in law and got the legal heir certificate all names (My father, his brother, daughter, daughter in law). 

SOLUTION REQD.

Pls advice

1. Whether we have to file a suite against a son (my fathers brother) and asking for fresh partition. In that case, whether can my father retain his own property and avoid including his property in the partition (My father property 9 cents is in the middle of my grand father lands, there is no way to reach road)

or

2. Whether we have to file suite against a son based on the executed unregistered partition deed. In this case, we loose my fathers own property 9 cent.

3. Whether we have to change the Patta name of all properties in all legal heirs name with the legal heir certificate. Pl inform, is it difficult to change, as  a son is already changed it in his name.

4. As we are far away from the property, whether we loose our rights on the property.

5. As he was telling tht he didnt receive amount, in what way we liable for that. We didnt receive any amount from his share.

Pls advice, what we have to do.

Regards,

V.Karthik

karthikv_30@rediffmail.com

97104 41405



Learning

 1 Replies

binay (advocate)     16 August 2013

consult an advocate, and move further

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