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Pardeep Kumar   19 July 2024

Land dispute

“Back in 2015, my grandfather divided and registered the land into three portions: two for my uncles and one for our family (myself, my mother, and my brother). Unfortunately, my father passed away in 2009. Recently, my grandfather has been talking about going to court to for breaking degree of the land (which is agricultural). Is it legally possible to do this after 9 years? If it is, what actions can I take to avoid it?”



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     19 July 2024

The partition deed cannot be cancelled if executed unilaterally except executed by all the shareholders.  But the court may be ordered to cancel the partition deed.  So you can defend yourself by engaging a lawyer if your grandfather files the case.

T. Kalaiselvan, Advocate (Advocate)     19 July 2024

Your grandfather was not under any compulsion while he distributed his property to his children and legal heirs of his deceased son.

Besides it is not a gift or settlement deed.

Neither there was any condition imnposed while transferring your share of property at that time or even after that.

Hence your grandfather cannot succeed with his intention to retrieve the property transferred to your names neither any suit would be tenable in this regard

Dr. J C Vashista (Advocate )     20 July 2024

Whether the property (involved in the case) is your grandfather's ancestral or self-acquired ?

Why does your grandfather changed his mind to get the partition revoked ?

File a suit for permanent and mandatory injunction against him (your grandfather) restraining him from cancellation of partition deed without due process of law.

Seek professional services of a local prudent lawyer for better appreciation of facts/ documents, proper advise and necessary proceeding.

Pardeep Kumar   23 July 2024

Thanks for everybody for giving your opnion on said matter.

I have one more request in 2015 during land dividation by my grand father it was mutully agreed between us that some small part of land he has to registered on our name and we have to pay him compensation 75000 every year.

After that he refused to give us that land part and we refused him to pay comensation.

regarding compensation it was written on E stamp paper. Now he has filed court case against us for compensation.

We are agreed to give him around 3 lacs previous amount and 50000 every year but he is demanding full previous amount. We are also fighting in court against him.

Kindly guide what court can decide? wheather we have to pay previous amont also.

Kindly provide your valuable opnions.

Sankalp Tiwari   23 July 2024

Once the division and registration of property is done, they are legally binding. However, if during his lifetime in 2015 your grandfather distributed the agricultural land between his children and legal heirs of deceased son by registering without any conditions or compel, it is unlikely to change. As - legally the property is divided or distributed and registered, he cannot withhold this division after nine years.

This division is likely nearly impossible to challenge in court, as litigation could only be lodged if serious grounds (fraud or coercion) exist following a very long time. So, his attempt at obtaining or changing the property division will likely be unfruitful. Always speak to a property lawyer for advice specific to your case, inorder that will help protect the interest. Take appropriate steps to file unused registration papers or whatever records were received in the correspondence back from 2015 with all other related documents regarding the land transfer.

In the event your grandfather does seek legal recourse, be prepared to object on grounds that it is stale and ancient or whatever else you come up with which supports finality of transfer. The defense should stress that the transfer was both voluntary and unconditional, thus making it final.

Dr. J C Vashista (Advocate )     24 July 2024

You have stated to have engaged an able, competent and intelligent lawyer to contest your case(s) what is his / her opinion and advise, follow it till the time you have faith in him / her, since s/he is well aware about facts and circumstances of the case as well as law applicable on the subject matter.

It is may not be in the right prospect to opine, advise or comment on the subject in the absence of case file.


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