Property
Jagadeep
(Querist) 18 April 2013
This query is : Resolved
Hi, this is Jagadeep here, my query is during 1989 my mother and his two brothers got a partition from his father which is ancestral property. All these partition is documented in a stamp paper which is unregistered but khata is made in each individual names and paying taxes according to partition. According to this every one enjoyed their partitioned land by selling them. However, my mothers partition was not sold and kept idle. In 2004 my mothers father along with his 1st son has sold our land to some one by providing his previous papers. Now the purchased person is in possession. My question is, should we file a declaration suit on PCR on our grandfather and his 1st son? pls provide me suitable answer of how to get back our land.
ajay sethi
(Expert) 18 April 2013
property was standing in name of your grand father . he has sold the property . after 8 years you have woken from your slumber and want to challenge the said sale . what were you doing for 8 years?
in addition partition deed is not registered . so in admissible in evidence . contact a local lawyer
Jagadeep
(Querist) 18 April 2013
is registration compulsory in this matter?
Raj Kumar Makkad
(Expert) 19 April 2013
As the khata had been individually divided in favour of every co-sharer and your maternal grand father sold the property by showing the old documents so you have every right to challenge the sale even though the partition was unregistered. There is no bar of limitation in the given case as you came to know about the sale recently.
Jagadeep
(Querist) 19 April 2013
@ Raj Kumar, Yes sir thanks for that. Actually we came to know about that recently. The actual thing is our grand father got his share in 1972 and in 1990 again a partition has occurred between my mother and other 2 brothers. According to that partition 1990, we gave 5 sites to my grand father for his livelihood and he sold all those in 1996. Now our grand father has sold our portion in 2004 by showing the 1972 document.
