inheritance right to property
Querist :
Anonymous
(Querist) 09 July 2010
This query is : Resolved
dear sir/madam
my grand father are two brother. one of whom adopted my father and other one adopted my father's first son.we are acually seven brother and elder one adopted by my second grand father. we have very good property in the prime area which is divided in three different location of our town. in the year 1995 land cieling act come and to save the land from land cieling my elder brother ( uncle ) and my father divided all the property in nine equal part(7 brother + 1 my father + 1 mother of my uncle ) and my uncle has taken signature of all of my brother on a plain paper and claiming that partition (bantwara ) has been done. but actually he has taken two share ( self + mother's part ) of one of the main land which constitute 70% of our total property valuation. at present my uncle's mother is no more and died 4 years back.
now i have three question :--
1. is that pertion is legally ok and we can's sue our uncle in court ?
2. is my uncle's mother right to property still alive.
3. do my uncle can still claim the half of the property legally, if fresh partition will commence.
Raj Kumar Makkad
(Expert) 09 July 2010
1. Yes. His right is legal and undisputed.
2. Though there was no property right in favour of the mother of your uncle but a family settlement was shown to save the joint family property so a legal right accrued to her after partition and after her death her property shall vest in her legal heirs.
3. If fresh partition takes place then it is the mutual settlement between the parties which shall prevail otherwise partition has already taken place and he has already taken his due and legal share.
