improper dividing of property
Jothimani
(Querist) 10 July 2011
This query is : Resolved
My Grandfather had 4 sons and three daughters.Only 4 sons has shared the properties before he dies.this happend 20 years back. Grandfather did not create any will before he dies.3rd son got one empty land and 1/2 acres of agricultural area. 1st son got half of the house.2nd son got only a small land .3rd son paid 7000Rs to 1st and 2nd son for the 1/2 acre agricultural . 4th son got half of the house and 1/4 acre of agricultural land.All four signed in a agreement document. Daughters did not ask for the property. I am the children(male) of 2nd son.1st son died. my father is alive. I think that the property given to my father is not worth to compare to them. i am ready to repay 7000Rs at todays cost. Can i apply a pettion to get the property share again based on the property cost. Thanks
prabhakar singh
(Expert) 10 July 2011
IF PARTITION HAS BEEN BY MEETS AND BOUNDS,THEN IT WOULD BE HARD FOR ITS PARTICIPANTS TO GET IT REOPENED BY COURT.
THOSE WHO WERE HEIRS BUT WERE NOT GIVEN ANY SHARE CAN CLAIM BUT SINCE 20 YEARS HAVE ALREADY PASSED,THE OTHER SIDE CAN TAKE THE PLEA OF LIMITATION AND ADVERSE POSSESSION.
