Ancestral property not patitioned
GANGAM.RAJENDER.
(Querist) 14 August 2014
This query is : Resolved
respected experts,
the suit shedule property was ancestral property the property belongs to grand father which was orally partitioned amongst the sons(x1,x2) of grand father and they are enjoying the property individually since then.
x1 has two childrens (one male y1 minor,one female y2 major).they are enjoying the property along with x1 as HUF.
x1 has entered in to the sale deed and registered the property to third party without consent of the HUF members and the property was not partitioned by mates and bounds.
at present stage the suit is pending before the hon,ble dist court.
x1 and y2 are died.
Q1.NOW Y1 (BIRTH 1952)AND HIS CHILDREN FILED THE CASE AGAINST THE LEGAL HAIRS OF THE PURCHASERS,Y1 HAS PATTADAR PASSBOOK AND
TITLE DEEDS .WILL THEY (Y1 FAMILY) HAVE ANY RIGHT IN THE SAID PROPERTY.
Q2.X1 HAS ANY RIGHT TO SELL THE HUF ANCESTRAL PROPERTY WITHOUT CONSENT OF COPARCENERS(Y1,Y2) OF THE HUF.X1 DIED IN THE YEAR 1997 AND Y2 IN THE YEAR 2004.
THANK YOU SIR.
Devajyoti Barman
(Expert) 14 August 2014
who are you and how are you related to this query?
Anirudh
(Expert) 14 August 2014
In which year the sale deed was registered and whether Y2 was major in that year?
GANGAM.RAJENDER.
(Querist) 14 August 2014
respected anirudh sir
the sale deed was executed in the year 1969.
pls give me proper guidance and give me solution sir.weather they have any right in the property.
thank you sir.
Anirudh
(Expert) 14 August 2014
Please indicate the exact date of the sale deed registration.
Please indicate the exact date of birth of the minor i.e. Y1.
I take it that in the year 1969, Y2 was already a major.
Did Y2 object to the sale deed at any point of time? She was alive upto 2004 i.e. for 35 years after the sale was effected. If not why not?
In which year, did Y1 lodge the suit/challenge the sale deed, for the first time?
GANGAM.RAJENDER.
(Querist) 14 August 2014
respected anirudh sir
1.exact date of the sale deed registration 2 jan 1969.
2.exact date of birth of the minor y1 is 3 june 1952.
3.suit was filed in the year 2014 in the district court.
4.original purchaser of the suit land are died but they are not entered into the suit agriculture land (now it is not an an agriculture land) during the life time of x1.
5.after his(x1) demise the legal heirs of the purchasers filed the declaration suit against the y1 (still y1 has passbook and title deeds,recoreded in the adangal also) 6.y1,y2 are not the parties in the sale deed they are in absolute possession.reason for sale of property :recitals in the sale deed reveals that the development of the estate. but x1 not developed the estate.
thank you sir.
pls give me proper solution sir.
Anirudh
(Expert) 14 August 2014
1.Even if it is ancestral property, X1 could have sold it for legal necessities of Y1. In any case, in case it was not sold for legal necessities, then Y1 could have objected to it immediately on his attaining majority. That was some where in the year 1970-71. Having not objected to the sale, Y1 may not be able to challenge the same now. Since Y1 is in possession that too for a long period, it will be very difficult to dispossess him.
2. However, it is not understood, what is meant by 'development of estate'. Whether X1 had some other estate, other than the land which he sold in the year 1969? If not where is the question of any development of estate? This needs clarification.
3. It is also not clear why the purchaser or the legal heirs of purchaser was not in possession of the land, if they had purchased it.
All said and done, one has to go through the complete documents, pleadings etc., to give an answer.
GANGAM.RAJENDER.
(Querist) 15 August 2014
respected anirudh sir,
thank you for your valuable suggestion sir.
1.x1 has the other agricultural lands but he is not developed the properties how it is proved in the hon'ble court.
2.sir you mentioned that since y1 is in possession that too a long period, it will be very difficult to dispossess him.
regarding this point how to proceed in the court IF ANY JUDGMENTS PLS PROVIDE SIR WHICH IS VERY IMPORTANT POINT IN THIS CASE SIR.
THANK YOU PLS SIR ANY CASE LAWS PROVIDE.
jeshma mohandas
(Expert) 29 August 2014
Is there any proof that they wee living as HUF and property is HUF if father has cold the ancestral property you can't question it only after his death it will be devolved to children you can't claim before that.
