In 1920, X had 3 sons 'A' (12 years) & 'B' (5 years) & 'C' (3 years), and partitioned his properties to his children. In this partition, one of his Agri land properties was 100% written on B’s name (the Encumbrance certificate shows the same).
'A' had only one Son & 'B' had '3' sons. Around 1995, 'A' & his son both expired in 10 days. Within few weeks from the time they both expired, A's daughter-in-law sold 50% of B's specific Agri land property (which he derived 100% from his father X through WILL & paying the tax till date & almost 100 years old patta in his name). Hence, the 'B' sent the legal notice and demanded to stop any further activity. Also, he sent a notice to the officials to NOT to provide patta in the name of buyer from A's daughter-in-law. Later, the 'B' made a WILL to his 3 sons and expired in 2010.
Now, the 3 sons of 'B' should partition the property equally. But, the A's daughter-in-law (& her family) and the buyers (Regd. in 1995) demand the right of 50% property as it's registered.
Additional info :
- To date the Patta & tax payments going in B's name and possession of B's family.
- The A's family or the buyers have neither physically occupied nor transferred the patta (and never paid the tax on their name)
What are all the steps to be taken to protect the property from A's family/buyers and go for the partition on B's heirs?
