Regarding property
Pranav Parmar
(Querist) 14 March 2013
This query is : Resolved
thank you very much for your advice special thanks to raj kumar makkad sir
dear sir,
there is a land which is registered in the name of my fathers grand father. he has four sons (i.e my grand father and three other) out of which one has died before three to four year before. my fathers grand father has deid before 30 years. all the other property has been distributed between these four sons but this land is in our part and some part of this land is in part of my uncle(i.e the son of my grand father's brother who has died before 3 to 4 year). sir we have build up a wall on boundry of our part. genuine partition of this land has been done but till now it is legally in the name of my fathers grand father. now my uncle said that he has been provided less land as compare our part of land.
what is the right of my father and what action can be taken by my uncle agaist my family.
genuine partition was made before 30 year and there is no will and land is in gujarat dist. junagadh
Advocate M.Bhadra
(Expert) 14 March 2013
Since you have asked about Ancestral Property Rights I presume that you are a Hindu. (a) Father cannot sell ancestral property when there are minor sons and daughters (daughters have been given the right recently) except for legal necessity and permission of court is necessary for alienation of minor's property (b) when there are no sons and daughters a person can alienate the ancestral property (c) children born after the alienation cannot claim any right.
HIGH COURT OF KARNATAKA(1989)
D. P. Hiremath, J
K. R. Subbakrishna ...Appellants
Versus
Ningiah and others ...Respondent
Raj Kumar Makkad
(Expert) 15 March 2013
*Bhadra! Please go through the query and only then reply as the querist has not asked even a word against which you have replied here. Again go through the query and amend your reply.
Raj Kumar Makkad
(Expert) 15 March 2013
Thanks Mr. Ravin for your appreciation.
In the given query, no formal partition of the land was ever made except a mutual adjustment vide which your father tool the possession of a certain land and your uncle another. Coincidentally the adjustment made 30 years ago could not be made part of the revenue record which has given a chance to your uncle to claim more share as on day.
Your uncle has every legal right to claim the partition of the joint land even as on day. I advise to get the mutations entered as on day starting from the death of your great grand father so that a clear picture in the revenue record may emerge and thereafter a partition of the land before Tehsildar should be filed as per share of coparceners so that a dispute may be ended for ever and every one should possess only his share.
Pranav Parmar
(Querist) 16 March 2013
sir what is mutation how can i get this. what is the relevance of mutation. which law governs this query. can i claim that i have been provided less. even it is now in the name of my great grand father and there is no will can i get mutation
