Revokation of partition
Kalpesh suryawanshi
(Querist) 26 February 2013
This query is : Resolved
Respected all ,
My Father in all has 3 brothers including him ,my uncle's have done a partition of the 20 acres of farm between 3 brothers as 9 / 9 for both and one acre to my father and remaining one acre to grandpa. according to them the land was bought by the eldest brother before partition of the family ,but the money raised to buy the farm was from a hotel which was ran by the my grand pa, on his property even grandpa supplied the budget for the hotel , the partition took place in year 2001 ,What can be done as of now ?
Ramesh
(Expert) 26 February 2013
The source of funds for the purchase of the 20 acres decides the nature of the property. If your grand father and his sons with their joint exertions in a hotel business( or agriculture) purchased the land then it is deemed joint property and all the brothers have an equal right along with their father. You say that the property was partitioned. It is not clear how it was done. Is it through a deed or court wherein your father was also a party? If your father and grandfather were parties to the partition and have given their consent for the partition then there is nothing you can do. If your father was not a party to the partition and the source of funds is deemed joint then your father can challenge the partition and seek for fresh partition through a court of law within a reasonable time from the date of knowledge of such partition.
