Partition of joint family properties
Swaroop
(Querist) 21 April 2011
This query is : Resolved
We are a hindu family from Karnataka. My grandfather is an agriculturist and a officer in education dept. He had inherited ancestral properties in saligrama village which is a house and agricultural lands about 5 acres through a partition deed in the year 1953. In the year 1966 he sells the house in saligrama which he got through the partition deed and buys a new house in mysore from govt. housing board and pays the money in yearly instalment. After he pays half the instalment he dies in the year 1979. He leaves behind his children as legal heirs including me as his grandson. I was born in 1975.
At the time of the death of my grandfather, 0-37 guntas of agricultural land which is ancestral and a house which he had bought in mysore was the remaining properties. The death was natural and no will was executed on this properties.
My father along with his brothers sold the 0-37 guntas of agricultural land in the year 1986 without a partition deed or any consent from my aunties or by any means of legal necessity.
My father along with his brothers and sisters declared themselves as legal heirs to my grandfather’s self acquired property in mysore (which is a house he bought in 1966) sold in the year 2000 without my consent or any legal necessity.
My father had transacted many properties under his name and deprived me of my rights on any of the properties which he had made later.
I have filed a suit for partition on his remaining properties which are two houses he bought it from housing board when he was working in bank. He had purchased this present properties by means of loan. He is deliberately challenging my every ia’s including injunction, rent deposit to court by giving false reasons and misleading by stating the nature of properties is self acquired through loan and I have no right, in hectic attempts to prolong the case and deprive my rights.
Sir, I want to know that I have challenged this suit as a HUF-joint family and I have a right of share for partition on present properties which are under his possession.
Document evidence are present with me. Is my claim valid?
1. The issue is that there is no valid partition after the death of my grandfather.
2. My father and his brothers sells part of the ancestral properties without consent from their sisters or mine in 1986.
3.My father and his brothers and sisters sells grandfather’s house in 2000 without my consent or legal necessity.
Can I pray for relief till the disposal of the suit as the case prolongs?
I do not have a steady income as I am in a private job and living separately with my wife and child.
My interest in property is in jeopardy without financial security for my family. My father is deliberately doing this from his selfish motive.
BALAJI S N
(Expert) 22 April 2011
Dear Swaroop
Pls ref yr query.
Since it is your grandfather's self owned property, it should be sold after discussion with all legal heirs including your aunties.
Why they are not objected while disposing. Further you have stated that your born in 1975 and property sold in 2000. You may very much objected while selling.
If any left over property by your grandfather, you may still claim alongwith your aunties /legal remidies available.
Pls note there is limitation is there for all the case.. However, for property case, disputes can be made within 12 years.
Further your father, self earned property, you may claim as legal heir after his death in the absence of will/codisil etc.,
Hope I have thrown light about your query to move forward
Thanks
BALAJI
BA LLB (CS)
