SP (owner) 15 December 2011

Ancestoral property dispute

grandfather had 5 children (3 sons and 2 daughters) and passed away in 1975

elder uncle had 5 children (3 daughters, 2 sons) passed away in 1991. elder aunt is still alive.

grand father had about 5 acres of land, the 2 surviving sons, 1 surviving daughter and one grand son (of elder uncle) decided to partition the land in 2001.

Now in 2011, one of the daughter of elder uncle (uncle is deceased) who is 65 years old is asking for her piece of the land and filing a claim against all her uncles who are alive.

is this a valid case ?

since partition happened in 2001, should'nt she be filing against her brother ?.

appreciate an expert opinion. thanx in advance

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1 Replies

Learner (XYZ) 16 December 2011

Legally, she is entitled to 1/24th share of ur uncle's share.

It seems, the 2001 partition was merely family settlement and the uncle's daughters did not give their assent to the partition and their names stand in revenue record.

She can claim her right through court. But, please check out the revenue record first.