Partition query
Vaishnav
(Querist) 23 August 2018
This query is : Resolved
Hi experts,
Ours is a family of Hindu based. My grandfather had two wives named A and B. A is a first wife and B is a second wife respectively. A has two sons and one daughter, alike B has two sons and one daughter. A along with her two sons are deaf and dumb by birth. However B's one son was deaf and dumb by birth. My grandfather made a partition on 1970 by allocating the lands to all four sons by appointing their mothers as guardians since they were minors. He made 3 schedules to each wive's sons and one part for himself. Now, myself is a grandson of A. A,B and my grandfather are no more now. We planned to do a partition now and here is the issue is going on. We are using portion of the land of B's property since 30 years. We are paying the land tax too. My grandfather told in oral to B's daughter in law before his death that they need to give that portion of land to them so as this will get aligned. They also accepted at that time, but they refuse to give me at this time. They are asking back that land a d compelling me. Kindly guide me which will speak law?
My second issue is doing partition of land on the grandfather's share. It has some land and contains two wells (irrigation) and only one service connection now. In this scenario, my great grandfather, ie., father of my grandfather wrote a will containing one additional piece of land on 1971 to one of B's son. When summing up all the motor service connections, they have two already, but I have only one. So while doing partition now, I asked him to leave this service connection along with a well, and asked him to take another connection separately on another well. He is refusing for that and saying one additional service connection given by their great grandfather was separate and will not be accounted. I am not asking share on that service connection as I know that is like a self acquired property. I am saking the adjustment on the another which every four sons and two daughters have the rides. Kindly post your opinion experts.
kavksatyanarayana
(Expert) 23 August 2018
Please settle the issue in an amicable way with your family well wishers, family elders and other elders who knows about your family. consult local Advocate in the matter.
Dr J C Vashista
(Expert) 24 August 2018
I endorse the obligation of expert Mr. Kavksatyanaryana.