Share in property gifted by grand father to elder brother
Querist :
Anonymous
(Querist) 01 November 2009
This query is : Resolved
My grand father had substantial land which he was inherited from his father/grandfather. To avoid land ceiling in Bihar in 1969, my grand father gifted 5 acres of land to my elder brother through registered gift deed which was known as Attarnama. At the time of gift my elder brother was 9 years old and I was not born. At that point of time my father had 4 daughters, one son and my uncle didn't had any child. At present my father and uncle are quite old, they have separated in all respect but they are not able to resolve the separation legally on paper. After death of my grandfather, my father had agreed and given possession of 50% share to all parcel of land to my uncle including 5 acres of land gifted by my grandfather to my elder brother. But my elder brother is not agreeable to give any share/right from 5 acres land either to my uncle or to me. My brother attitude has been delaying family partition. Though gift deed (attarnama) specify name of my elder brother, after my birth in 1971 my father started giving land revenue ( in respect of 5 acres) jointly in my brother and my name. Land revenue receipt (Malgujari receipt) reflects my and my brother name jointly.
Question :
(1) Can my uncle get 50% share in the said 5 acres of the said land through partition suit by making gift null & void as my grand was inherited that land which can be considered as joint property
(2) Can I get 50% rights in the said property through partition suit in view of the above fact.
(3) I also want my share from the property. All my family members including my 5 sisters, father, uncle (except my brother) wants amicable partition of the family properties. My sisters have not shown any interest in the joint properties, but they also wants amicable partition between me and my brother. How to resolve the issue ?
niranjan
(Expert) 01 November 2009
Whatever property your grandfather had, your father and uncle have equal share. But since your GF has gifted 5 acres of land to your brother, you do not have right over that land.It is immaterial who pays the revenue.
Raj Kumar Makkad
(Expert) 01 November 2009
It is true that malgujari is regularly being paid in the joint name of you and your brother qua 5 acres of the land gifted by your grandfather in favour of your elder brother but it do not affect his legal right of owenrship. Your brother is its exclusive owner and neither your uncle nor your father can challenge the gift deed executed by your grandfather at such belated stage.
Now question remains family settlement. I suggest all family members (except your elder brother) jointly sit and prepare settlement and then file it before civil court to make it as a decree. Implead your elder brother and general public as defendants. I know your brother shall raise objection against the suit but the version of all other family members including your sisters shall come before the court and it shall ultimately benefit you. In future all such members shall be bound and discard your elder brother.
