Partition suit and possession

Querist : Anonymous (Querist) 07 September 2011 This query is : Resolved
I am having a piece of land. It was transferred to and is in name of my mother by my Grand father(being self acquired by him)by way of Gift deed.The land was divided into three parts. One part goes to my mother and other to my first uncle. We both are having the possession of our share. Now after my Gandfather demise, the third piece remains in his own name as it has never been transferred to anyone. Though the third piece of land is under the possession of my second uncle and he is living there with his family. Can i claim partition of my share in third piece of land being possession not under my control but to second uncle.The house tax and water tax still in the name of my grandfather and still pending to be paid except electricity bill in name of my second uncle. Guide me remedies available to me to get my share as legal heir. What steps i need to take to take possession of my share at earliest.Can i use my share for raising loan from bank. The original registration documents of whole land is still with me.Note that no will and registration for transfer was ever made by my grandfather. Its urgent.

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prabhakar singh (Expert) 07 September 2011
you have told a big story but have kept your father out of picture.

To know correct position please tell the following facts:....

The date of death of your grand father.

The date of gift created by him.

The number of sons he left on his death(your father and all uncles) .

The number of daughters he left(your fathers'sisters)
ARE you only son of your father or there any more brothers and sister???
DID your your first uncle also got by same gift by which your mother got???
Why third share was not given to your second uncle.???????

Raj Kumar Makkad (Expert) 07 September 2011
prabhkar singh ji! I assume that the property belongs to maternal side grand-father of the querist. The mother of querist was the only daughter and 2 were his sons. He made gift to his daughter and one son during his life time whereas one share remained with him and after death with the second maternal uncle of querist. Now querist wants to ask the share in the property remained with his second uncle.

If your mother has expired then you can file a suit for partition and possession seeking your share in the aforesaid property. You have valid share therein.

prabhakar singh (Expert) 08 September 2011
May be if it is so,as Mr. Makkad assumes that by grand father you meant your mothers father.

Assuming so the piece of property left behind
by him on his death shall devolve upon three persons equally,that being your mother1/3,and your uncle in possession of that property has only 1/3 as share and last 1/3 belongs to your first uncle.

Your mother/or in her absence her husband(your father)& all issues have equal share in the property inherited by her from her father as well as in property received by her through gift.
your mother/or in her absence her heirs can file the partition suit against the two uncles.

Querist : Anonymous (Querist) 09 September 2011
As required by experts following are the details :
The date of death of my grand father : 10.07.2006
The date of gift created by grandfather during his lifetime :02.03.2002
the number of sons he left on his death(my father and all uncles):3 sons and 1 daughter (all are alive)
I am only son of my father.
The facts are One plot divided into three parts by my grandfather. One part goes to my mother (his daughter in law instead of my father), second goes to my uncle both by way of separate gift deed on same date and third part remained in my grandfather's name. But third part is under the possession of my second uncle since lifetime of my grandfather and continues after his (grandfather) death also. My query is whether my father or me (any one) can claim partition of third part which remained and left unregistered. House tax still of third part pending to be paid is in my Grandfather name.
And here Grandfather is not maternal but paternal side.My mother and my uncle got property from separate gift deed on same date.

Partition suit and possession

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