partition of property
PRASHANT
(Querist) 29 May 2013
This query is : Resolved
my granfather had 40 bigha land..and during his lifetime he made no partition b/w his two sons only.
After his death both sons were registered as succesor of it again no partition is made.
Now some part of land is sold by both sons jointly no problem. but unfortunately younger son died and other son starts selling land lonely and after some years the younger son widow sells some land .
Now current situation is 70-80% of land is sold by the elder son.
And 20 % by widow of younger son
...what should i do..coz most of the land is builded up..and am feeling cheated
i am the son of younger son.
Please tell me solution which is practicaly possible and of short term.
Thanks
adv. rajeev ( rajoo )
(Expert) 29 May 2013
It amounts an ancestral property to you. You being the co-parcener of the family, can ask for your share in the share of your father.
prabhakar singh
(Expert) 29 May 2013
You have not stated the state in which property situate.
However you need to file a lawsuit.
Visit a local lawyer.
R.K Nanda
(Expert) 29 May 2013
agree with experts.
Raj Kumar Makkad
(Expert) 29 May 2013
A property cannot become ancestral merely on the ground that your grandfather had some property. It is also to be known whether that property was purchased by your grandfather or he also inherited in from his father.
Anyway, if your grandfather had inherited that property from his father then it becomes ancestral for you but it is to be seen how much time has elapsed from the total sale of the land.
PRASHANT
(Querist) 29 May 2013
@raj kumar makkad sir..No my grandfather's father bought that property through auction.
Please tell me the road map for it coz asking my share there would be partion ...and as there atmost 150 person who bought land in that property and builded up there house..so making them party in it..is a difficult and long process..and not easy coz who get loss will file case at high level court...i consulted some local lawyer everybody had diff. Opinion...!!
Please guide up...
Raj Kumar Makkad
(Expert) 29 May 2013
Prashant! You have not told me the period of last sale?
If the last sale is prior to 3 years and was withing your knowledge and no action was initiated by you then the matter of limitation shall be a big problem for you.
Better to trust either of the competent lawyers and take action as per his advice/guidance.
