Partition suite
prashant pawar
(Querist) 22 April 2012
This query is : Resolved
My great grandfather(A) had a land 44 acres with 10 patners in it in 1953, (A) had 4acres of share in it, in 1968 out of 10 patners, 4 patners sold their share 16 acres to my father (B) and the remaining 6 patners left their share to (A), so (A) had a share of 28 acres and (B) had share of 16 acres. in the same month (A) transfered his share of 28 acres to my father(B) saying that (B) will be the only holder of that 28 acres. the whole property got transfered to my father(B). this property was transfered to my father when he was 21 years of age and was taking education and was not married. In 1971 (A) died and in 1992(B) died. As a legal hier property got transfered to me, my younger sister and my mother.
my father had 5 brothers, now my uncles r asking for a share in this property and filed a partition suite against us in the court in the year 2006. saying that the property is huf.
they had got individual property given by my great grandfather which were purchased by him. they have sold all the properties.
and now r asking for a share in my property,they hv filed a suite against us, and have succeeded in getting lease pendency.
plz guide me what shld i do?
Raj Kumar Makkad
(Expert) 22 April 2012
You file an appeal because the property is self acquired of your father and it has nothing to do with the shape of HUF. Had your father and uncles any HUF then your at grandfather might not have given separate properties in their favour which they sold for their individual purpose and benefit and did never distributed the sale consideration to the alleged members of HUF.
You have a fit case to contest. Your uncles have legally no share in the property.
Anirudh
(Expert) 23 April 2012
When you say that 4 partners sold their share to "B" (your father), please indicate what was the funds employed by your father to purchase those shares from the 4 partners? Did your father had any independent income to purchase those shares? Or, since a partnership should have minimum two persons, the entire shares from other partners were purchased by your great grand father, but your father was shown as a partner with the shares of 4 partners? You say that your father was taking education at that time when the shares were transferred by the 4 partners to your father. Therefore, what is the source of funds of your father which enabled him to purchase the shares from the 4 partners?
Answer to this crucial question will decide the matter. And not the mere fact that the 4 partners sold the shares to your father.
Shonee Kapoor
(Expert) 23 April 2012
Unless one knows the nature of the property nothing can be said.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prashant pawar
(Querist) 23 April 2012
respected sir,
i would to add some facts, plz guide me,
In 1953 out of 44 acres only 4 acres of land was purchased by my great grandfather remaining 40 acres belonged to his 10 patners with 4 acres each,In 1968, 6 patners gave their pasassion of 24 acres to my great grandfather, and in the same year rest 4 patners sold their share of 16 acres to my father, the sell deed is registered on my fathers name, my great grandfather was a midiater for this transaction, in 1968 my great grandfather tansfered his own share of 4 and 24 acres to my father, so my father was only the owner of the whole 44 acres, In the begning my great grandfahter had made a will in 1962 stating that 4 acres of share shld be give to my grandfather, later again he made a registered will in 1966 and stated that the 4 acres of share shld be given to my eldest uncle and later in 1968 he transfered the same share to my father. and great grandfather died in 1971,
In the same year their was dispute in court regarding the will (1966), stating that all the properties in the will and apart form frm the will belongs to huf, In the brief registered in the court, their is clause stating that the whole property 44 acres beloging to my fahter was purchased by great grandfather. the property came back to my father thru partition deed which was not regestered in the court, now the whole family is asking a share in the court in my fathers property, what shld i do
prabhakar singh
(Expert) 23 April 2012
You can never get right guidance unless you bring true facts to light.
your this post has altered all facts told earlier.
Now you have to tell what property your grand father gave to your uncles and in what way or by which deed?????
Anirudh
(Expert) 24 April 2012
This is exactly what happens when experts try to answer without even getting minimum information! Mr. Makkad's answer goes for sixer! No doubt, the querist would be the ultimate sufferer because he did not come out with complete facts. He in his own wisdom filters and supplies the facts to elicit some answer which would be favourable to him! but the question is, whether we experts, should fall prey to such machinations and are we not supposed to be strict and insisting on additional facts before answering any query? If we do not do so, will we not be fast losing our status and credibility as "Experts"?
prashant pawar
(Querist) 25 April 2012
respected sir,
I have gone thru the suggestions given by dear epxperts, I hv tried to post the query according to legal documents which i have got.
In the first query i have tried to explain the history of the property which came to my father directly from my great grandfather.
the second query is about the history of our family,
In both the curcumstances the property came to my father.
I was not able to explain the whole senario in one format.
sorry for inconvinience.
Anirudh
(Expert) 25 April 2012
Dear Mr. Pawar,
Please answer these questions one by one.
1. When did your Great Grand Father (A) die?
2. Whether the property which you are talking about is his self-acquired property or not.
3. If it was not self-acquired property of your Great-Grand Father, then how did he get that property?
4. When did he get that property?
5. Who are the sons/daughters of your great Grand father?
6. What your Great Grand father did with his property - i.e. did he distribute his property amongst his sons / daughters?
7. If he distributed the property - please indicate in detail how much he distributed to whom?
After knowing the above minimum information, I may ask some more information to provide answer to your query.
