Partition of property

No doubt, in the given circumstances you are entitled for 1/3 share. Therefore, you can very well claim partition by sending legal notice to your brother, whom got the gift from another brother. If the legal notice is not favourably responded, you have to approach the court to effect partition by way of filing simple partition suit. 

However, note that if any improvement or construction is made by you as you intended, unless and until it is proved otherwise, it will be considered  as the same has been made for on behalf of all the sharers.

File a suit for partition through a local lawyer

Welcome.  @ Bappa Kundu

Hello Sir,

1. I have been gifted an agricultural land from my father before 9 years back as Gift deed. The property is earned by my dad himself and its nowhere come from grandfather. In my family we have total 7 members, 4 elder sisters and 2 elder brothers and last myself (7^th). While doing gift deed my father did not inform my brothers regarding this because they were separated and away from my family from long time and I was one who was taking care of my family (mom, dad and one elder sister). My dad and mom is no more (dad death is on 2008 and mom death is on 2006). I recently got married and I am still taking care of my elder sister (she is not married yet).

My Uncle is working as stamp hander near to the place of my property and he supports my elder brothers and he might create some problem if I am willing to sell it. He is in good hold of paper work.

I am planning to sell it legally from my side or by transferring to my wife. In anyways do I need my brothers and my sisters signature for this?  Can you advice me the document required to sell the gift deed property I need to gather.

I am one who took care of my parents from past 8-10 years, even when my parents were hospitalized I had spent more money, my mother had a heart attack and my dad had cancer and no brother were least bother to visit hospital for years. But they are creating problem indirectly and my uncle is supporting them. Kindly advice me on this.

2. For one more agricultural land is of my grandfathers and my grandfather has two sons. 2 hectares got divided equally among them and it’s still in my father’s name. We are 7childerns (3sons and 4 daughters). Will it be divided equally among 7 members? Do we need to get any signature from my father’s elder’s brother?

 3. My wife dad has divided the land (30*30) to both the children’s. My wife is eldest and her younger brother through registered gift deed. In the gift deed he as mentioned both will have 50% rights each on that land and does not mention in the gift deed, which part or side belongs to who (incase if we are willing to sell).

For each of them get 300sq.ft which is very small in size. My wife and her younger brother agreed mutually and did the partition deed and the same is registered. But for that partition deed, her father did not do the signature. Is the partition deed is valid and will they can be able to sell the land legally?

One more problem is, we have so many problems and willing to sell the land. Has the land is too small no is ready for the purchase. But my wife’s brother is not agreeing to purchase the land of our portion or to sell this portion land which is 300sq.ft for us. We are ready to purchase her brother’s portion and also ready to sell our portion to her brother, he is not agreeing for anything. Land is too small that no one is ready to buy just 300sq.ft and if its 600sq.ft people are ready to purchase. Can you suggest any solution for this?

Thank you... 

As rightly opined by learned Advocate Saleema Kabeer that any construction work done by you in the undivided portion of the property will be considered  as the same has been made for on behalf of all the sharers.  So, do not run a risk thus, instead, as advised, send a legal notice for an amicable partition, failing to respond to your notice, you may proceed with the suit for partition seeking separate possession of your share in the property.  Consult a local advocate and proceed as per his advise.

Thank you Mr. T. Kalaiselven.

I am not clear about the fact that our undivided property was in name of my late father. How did my brother gift his share to other brother ? What are the compulsary legal process behind it ? Please clarify.

Though the property stands in the name of your father, on the death of him, naturally /automatically, his legal heirs become the owners of the said property. Therefore, your brother can gift his undivided share, which is legally permissible in respect of his share alone.

Dear Madam Saleema Kabeer, do you mean no evidence is required to claim oneself as legal heir ? On what ground my brother might have claimed himself a legal heir of the property to make gift deed ? Can I proof that the way he made the gift deed is illegal?

In what you claim a right as a legal heir to your deceased father, if you are a legal heir to your father, what is the reason that your brother cannot be legal heir to your father?   In the absence of proper partition and demarcation of the property thereon, your brothers can transact with their undivided share in the property but while physically claiming it, a proper partition deed with full demarcations and proper check boundaries dividing every one's share significantly is an essential fact necessary for registration of the same in individual's name.

You  admitted in your query itself that he is your brother. 

Unless and until his legal status is disputed as he is not the legal heir of your father, there is no question will arise about the proof for the same.

If you are able to establish that the gift deed executed by your brother is invalid by adducing legally  acceptable reasons and by producing sufficient and satisfactory evidences, then you can approach the Court with a stand that the  gift deed is invalid one.

But in your query, you have not stated any reason to consider as the gift deed is invalid one.  

You are concerned about your share in the property, is it?,   Now, being a legal heir to your deceased father, you stake your claim to a share in the intestate property left behind by your father, as your right.  This way, your brothers also have similar rights over their share in the said property and they are at their liberty to deal with the property in any manner, i.e., to gift or to transact with it in any manner known to law,therefore the gift deed made by one brother to another conveyancing/transferring his share of property even before the entire property has been duly partitioned among you all, is held as valid.  Therefore, as advised, instead of wasting time on such issues,you issue notice for an amicable partition, if there seems to be no sign for any such cordial solution, you may concentrate on the partition suit that may follow subsequently.

I have filed a caveat to construct a kitchen on my verbal portion of undivided property. Can my brother(s) issue an injunction order against it ? Or how they can stop the construction in legal way ? please advice.

Caveat is meant for intimation to caveator by the Court, before the case (suit/petition filed by non-caveator) plaintiff/petitioner is being taken up for hearing.