Partition of ancestorl property 1957... not given share
Sita Vallabhav
(Querist) 13 October 2014
This query is : Resolved
Respected Experts
My mother's father's inherited property was partitioned between my mother's 3 brothers after the demise of their father. The deed was registered during 1956 or 1959
The land property is still enjoyed by my mother's brother's childrens. They have not sold the property.
THEIR SOLE SISTER (my mother) WAS NOT GIVEN SHARE OR ANYTHING OR MADE PARTY OF THE DEED.
My mother IS NOT ALIVE. She has 4 children who are alive now.
Can we children claim a share in the property shared as per the above mentioned deed of 1956 or 1959 ?
please help me with legal answers sirs...
Y V Vishweshwar Rao
(Expert) 13 October 2014
Daughter can claim share in HUF /Ancestral Property - if there is Joint Family ancestral Property which is not partitioned and still remained as joint Property.In your given case the property is already partitioned in the year 1959 by Regd Partition Deed between brothers and not available for Partition .
Anirudh
(Expert) 14 October 2014
You have no case at all to claim any share in the ancestral property in question, in the fact situation revealed by you.
Sita Vallabhav
(Querist) 14 October 2014
Thank U respected sirs...
Can I ask another legal query? which would be of great help for my cousin.
A person Mr. Atul jointly holds and enjoys his and his unmarried brother, Mr.Balu's share of partitioned ancestral property. This is kept as undivided property of Mr. Atul and his deceased unmarried brother, Mr.Balu...
They have another brother Mr. kalip, Who was given another proper share by way of cash and movable things in this partition. The partition deed was registered during 1959 or so..
Mr.Balu (unmarried brother)died in 1966.
Both Mr. Atul and Mr. kalip were all married and have family and children.
Both Mr.Atul and Mr.Kalip are not alive now.
The joint property comprises of land with house and 2 small shops (which is given for megere rent )and some paddy field. Family of Mr. Atul stays in the house for all these years and getting the rent form shops and enjoying paddy field also which is having fish farming.
Mr. kalip's family and children goes and asks in 2014 for their right share in the Mr. Balu's property.
Family of Mr.kalip is demanding share of land as well as all the previous incomes enjoyed from the joint property (paddy cultivation, shrimp farming incomes etc.,)
Can the family of Mr. Atul deny any share or property or share of income they were enjoying so far without any claim for the last 48 years? They are telling that nobody had claimed for the last 48 years.
Is Mr. Atul's family blound to give all the previous incomes by way of paddy and fish farming ?
Because Mr. Atul's family is not ready to give any share, what is the possibility of Mr. kalip's family to get share of property?
Is any criminal or civil suit to be filed to get the partition and all the incomes so far? If they file a suit, normally how long it takes to get it partitioned?
Mr. Atul's family plans to do some repair work in their this dwelling house. Can Mr. kalip's family get a stay not to do any work on the house?
Also it is learnt that one of the shops is getting vaccated soon. So Can Mr. kalip's family get a stay from not allowing mr. Atul's family from giving the shop to a new tenant?
hope the respected experts can clear my doubts..
Thanks and regards...
Jayashree Hariharan
(Expert) 14 October 2014
your mother does not have any share as the inheritance took place in the year 1959
Rajendra K Goyal
(Expert) 14 October 2014
You have no share in the property as partition was registered in 1959.
Please post any fresh query in new thread.
malipeddi jaggarao
(Expert) 16 October 2014
Repeated query posted in a different language. No reply.
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
Your similar queries posted in the forum section were properly addressed, you may visit the same to know the opinion.
