partition
mahesan
(Querist) 01 July 2011
This query is : Resolved
A purchased 7 acres land and she died 70 years back, A had 3 daughters namely B, C, & D. After death of A and her legal heirs are separately and evenly enjoyed each 1/3 share. Now C sold her 1/3 shares to E, E was executed settlement deed in favour of his wife with specific boundaries full road face same was without consent and knowledge of B & D, What relief B & D Entitled to equal partition, The settlement deed infavour of Wife of E is valid or not? Properties at tamilnadu
R.Ramachandran
(Expert) 01 July 2011
From the facts revealed by you, though there is no partition by metes and bounds, yet each one of the legal heirs i.e. B, C and D have by their conduct were in possession of earmarked and identifiable 1/3 share each. Each one of them did not encroached upon the other's area (is it correct?). When did A die, and how long these parties were in possession of their own earmarked 1/3rd property will also have a bearing on the issue. If they have been maintaining their possession for long, wherefrom it would appear that more or less that has become the de facto partition, B&D may have much less to protest, though they may create some problem for some time to C. HAving purchased the land E has every right to settle the same to his wife.
