Anand (employ) 27 October 2018

Ancestral property distribution issue after mutation

Mother has two sons, husband not live. Two sons ancestral agriculture land share partition was done and mutation also happen in revenue records since 1996 based on the survey numbers and extent at that time.Their mother also purchased land (not ancestral) from others in 1965 and registered on her name and its remain with her. But the younger son children (son and daughters) filed a partition suit and issued rule 39 etc from court in 2012 on all above 3 (father (younger son), his brother (elder son) and Grand Mother).

1. Is a brother son can file a partition suite or revision (on fathers brother) after mutation other than their father?

2. Is it possible to ask revision of partition after mutation (any time bar). I read its 12 years.

3. Grand mother is live but helpless (too old) . is Grandson can seek right on Grand mothers purchased land(not ancestral).?

4. Is Grand mother can giftdee and register the land to others

5. The case was running in city civil court. what are steps need to take.

Thanks.

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Murtuza Bohra 27 October 2018

once partition happens and the shares are alloted there remains no coparcenary property. If the children of son was born before partition he is also entitled for shares. but he is born after partition he cannot claim share in that property. further the property purchased by mother through her income can be disposed by her by any means of transfer and the children of son cannot make any objection. this is all in reference to hindi personal law.

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Anand (employ) 27 October 2018

Thanks, The childrens of younger son born before partition. I belive, they entitled to file the partition suit on their father. But is it possible to include the fathers brother in the partition suit as per HUF ?. Though its ancestral poperty, the mutation was done long back.

Anand (employ) 27 October 2018

Also they are claiming that partition was happen without their father,s knowledge.

Murtuza Bohra 27 October 2018

If they can prove partition happened without their consent they would be entitled to the share otherwise not. They can include all the persons which were part of HUF.