Division of ancestral prperty
amit kumar
(Querist) 25 March 2013
This query is : Resolved
sir, my father is four brother and my grandfather is died in 2008. in the year 2000 he divided his all the property among his four son. property was divided in front of village sarpanch ,village mukhiya and other five people and all four brother accepted it cheerfully and signed it on the paper of partition along with all the representaive and portfolio holders along with grandfather.in the end of 2008 grandfather died .now land which come in favour of my father become costly and one of my uncle file partioin suit stating no partition done.sir is there any possibility of re partition .commissioner appointed by court also submit his report stating that distribution is done.we also made our seperate home. sir please refer me with some same case decision
Advocate M.Bhadra
(Expert) 25 March 2013
If the previous partition was made by oral amicable and not a Registered Deed then it is not a valid Partition Deed.So your uncle can file a partition Suit to claim his share.You can contest the suit by filing Written Statement.On the other hand if the previous Partition was registered but it was not as per provision Hindu Succession Act, in this situation he can challenge it by filing a suit.
Within the joint family there is a narrower body called the Coparcenory. This includes the eldest male member + 3 generations. For eg : Son – Father – Grandfather – Great Grandfather. This special group of people are called coparcenors and have a definitive right in ancestral property right since the moment of their conception. Earlier only a Son/Son’s son/Son’s son’s son were coparcenors – now daughters are equally coparcenors after 2005. They can get their share culled out by filing a suit for partition at any time. A coparcenor’s interest is not fixed it fluctuates by birth and deaths in the family.
Raj Kumar Makkad
(Expert) 26 March 2013
As the earlier partition was on paper though not registered before the witnesses wilfully and the possessions had also been transferred accordingly so the suit is not maintainable and the same is liable to be dismissed.
