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Sourabh Chhabra (Legal Consultant)     06 June 2012

Ancestral property partition

All,

This is in respect to ancestral land that was inherited to 7 legal heirs of my deceased grand father.Legal Heirs are my father,2 Uncles,grand mother,3 aunts(bua).

Total land that is in joint possession(Ancestral Property) and is inherited is 116 kanal,12 marla (under common khewat).

My father purchased another land consisting of 8 kanal,14 marla(separate khewat) from some Thakur Das under registered sale deed.

My father and 2 uncles purchased land consisting of 4 kanal,19 marla(separate khewat) from some Kume Dan under registered sale deed,thereby,each of them has 1/3rd share in this land.

We are in joint possession till now,but our uncles said that partition took place around 27-07-1987.I went to see records of Halqa Patwari if some Rapat Roznamcha is there that confirms partition took place.But to my surprise no Rapat Roznamcha was there.

Also,I saw Jamabandi to know about my father share.I saw that the land which was purchased by my father(8 kanal,14 marla) was part of partition and land(4 kanal,19 marla) that was to be equally shared between my father and 2 uncles was mutated in name of my one uncle.

I inquired further from Halqa Patwari that how come a separate/self acquired/private property of my father be a part of ancestral land/partition,he was dumb and asked me to file a civil suit if I want my share.

Kindly suggest what suit can I file to get my 1/7th share in ancestral property(116 Kanal 12 Marla)  back and also 1/3rd share in property(4 kanal 19 Marla) jointly purchased by my father and 2 uncles.

If I have filed a suit for declaration and permanent injunction,then do I need to file a separate suit for stopping them from alienating the suit property?

 

Regards

Sourabh Chhabra

 



Learning

 1 Replies

sanjay agarwal (grand daughter)     06 June 2012

my grandfather have a property 4000sq m he had 4 sons after his death property was owned by his wife and after her death the property goes to hr 4 sons equally divided by mutual family settlement my father is 1 shareholder of this property and he had 3 children 2 sons 1 daughter after my parents death the 2 brothers divided the portion between themselves in 2008 and i got married in 1993 6 months ago i came to know that they are selling off there property after this i claimed 4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother he sold some part of his property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??????????? please reply me soon.

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