Property partition issue

3 years ago

Hi, my age is 65. My mother dies in 2002. My maternal grand mother has property of 5 acres agriculture land. She has 2 daughters and my mother is one among them.

After my mother passed away, I have sold 1 acre(2003) from 5 acres and during the registration in the document I have mentioned one of boundaries as my mother's sister name.

Now all the rest 4 acres is in the name of my mother's sister son by mentioning acquired from ancestors.

I reach to local lawyer and he mentioned that the property is said to be partitioned since I mentioned in the above sale deed boundaries as my mother's sister name so I didn't get the share even I go for a civil case but he suggested that to go for a RTA act in MRO office.

Please let me know can I get the part of the property in rest 4 acres if I file a case now r else can I reach out the register regarding how they will transfer the property on their name without my sign.

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Highcourt Advocate Chirivella Chandra Sekhar(CHANDU)

Responded 3 years ago

A.One of your five acres was sold in 2003. Your mother's died in 2002. Two daughters sold one acre to their parents in connection with their parents' five acres of farmland. Your aunt sold the entire acre for one acre. Based on the remaining four acres in this case, you should contact your nearest civil lawyer with the complete documents linked to the case and explain the details of the case and provide the full details of your case. The component is likely to be available to you

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Pradeep Naik

Responded 3 years ago

A.As far as I understood, your maternal grandmother had 5 acres of agricultural land which was unpartitioned. Then how did you alone sold 1 acre out of that? And how your mother's sister's son got the property transferred on his name? As the property is unpartitioned, any transaction related to it must be indorsed by all the legal heirs. You can do property search in the registrar office to know that by which registered document your mother's sister's son transferred the property on his name.

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Anik

Responded 3 years ago

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A.Hi,
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Therefore it is not an ancestral property.
But you can always for the equal distribution of property of your grandmother among your mother and her sister, thereby claiming your share.

If you like my answer, please give a good review.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common. Therefore, you cannot claim for it as an ancestral property.
You an still file a suit for fair distribution of your grandmothers property.

If you like my answer, please give a good review.

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Vaidehi Samant

Responded 3 years ago

A.As per Hindu Succession Amendment Act out of the 4acres you and your sister together own 1 and half acres so your claim is supported by law in case you wish to file a partition suit but again the same will be subject to limitation period.

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