Property partiton, rights, sale & validity
Querist :
Anonymous
(Querist) 25 November 2011
This query is : Resolved
A plot/land was owned by 4 brothers A, B, C & D. A well was situated in the centre of the plot that was dogged by owners for irrigation of this land and also for their domestic use. They divided the property and registered it. The well was not mentioned in the name of any one but figured in document. The owners assumed and claimed it as jointly. There was a 4 feet wide lane (not a public lane) around the well. Their houses were made in their share’s land/plot.
After death of all four brothers, A’s son occupied the half of the platform of the well in his side including the lane in his side and reconstructed his house. B’s son occupied the lane in his side and reconstructed his house. C’s son sale his house with front open area including lane area of his front side and his assumed claimed one fourth shares in the well’s platform to my father in 2003. My father purchased it without looking seller’s original documents and consulting any lawyer. However he never tried to possess well’s platform. When facts come to my notice I enquire to C’s son. He said – dividation agreement was broken by other partner by constructing houses on the lane and well’s platform area, therefore I can also do it. My questions are –
1- Is the arguments of C’s son/ the seller legally right?
2- Sale deed is valid or not?
3- If legal heir of A, B or D raise the questions and object about that, what will be the consequences?
Raj Kumar Makkad
(Expert) 25 November 2011
1. Though law do not permit to possess commonly used places (left for common use of all residents) but if all other residents have occupied their left portions then the statement of C is also valid.
2. It is valid.
3. Those shall also have to reply about their own act and conduct. One thing you should keep in mind that you have replaced C so all rights available to him are now available to you.
