Property dispute
L.K.RAO
(Querist) 13 November 2012
This query is : Resolved
We are 11 siblings, (6 brothers & 5 sisters) who obtained an ancestral property measuring 10.96 cents, in 1983.Each one's share is .99 cent.Our family portion was marked as F in the plan (like A for one uncle 's family ,B for another one etc.).however,individual portition was not marked as F1,F2,F3,to F11,which should have done.In 1996, Myself & another brother surrendered their portion to a 3rd one.In Dec 1996, He immediately tranferred, these two portitions to the names of his 2 sons.Others were not aware of this at that time.However,while registering instead of 1.98 cents ,the registration was done for 3.4 cents, which is far in excess of the entitled area.This was because the brothers presumed that the entire plot of the family will be divided only among the 6 brothers.Now in 2012 Nov, a 4th brother has obtained this sale deed, and found the anomaly. In case, he moves the court, for obtaining the rights of others including the sisters, what could be the outcome? Will the court consider the old sale deed between brothers as null and void. Will any question of my paying back the money to the brother arise? Will the court apportion 1.98 cents to the purchaser brother and award rest to the common pool. In this case, what happens to the excess money paid by me, for the extra area about half cent? One advocate whom I consulted said, that there will not be any partial decision by court. The court could dismiss the whole sale deed as null and void and ask the family to approach the registrars for a proper partition deed like F1, F2, F3 ... F11. He also told there is no question of our paying back any money to the earlier purchaser, since any finance matter is valid only for the first 3 years following the sale deed. Kindly advise.
Devajyoti Barman
(Expert) 13 November 2012
The court would decree for equal distribution of property.
