New partition suit after selling to us
2 years ago
1. My grandmother and her 4 sisters each got 6 acres of land through partition suit of their father's share.
2. My grandmother registered the land on my father's name.
3. One of my grandmother's sister died before the partition suit, so her 3 sons got equal share(2 acres) of her mother's 6 acres.
4. Those 3 son's sold their share without the consent of their children to my mother(since we verified that property devolved from mother can be sold without children's consent), so now my father has 6 acres and my mother has 6 acres.
5. One of my grandmother's sister son filed a partition suit again for separate possession as the land was not divided yet. So technically my father's name and mother's name should be in the new prelimiary decree as my mother bought before this new suit was filed, but instead the 3 son's who sold to us were been added to the preliminary decree along with their children also.
6.Can we file an appeal on that preliminary decree to remove those 3 son's name and their children's name as those 3 son's sold to my mother?
Response is highly appreciated.
Thanks in advance
Sidhaarth
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The approval or consent of the children is not necessary for the sale of a property to a person if the person is the property holder, according to succession rules. As a result, under the current situation, the entire property will be in your mother and father's names.
Thank you very much.
As per the rules of succession, the permission or the consent of the children is not required for the selling of the property to a person, if the person is the property holder. Therefore, in the given context the entire property will be in the name of your mother and father nevertheless.
Thank you.
Lucem Leg
Responded 2 years ago
A.Dear Sir/Madam,
if the partition suit which was filed earlier has already been decided there must have already mentioned who has got how much share as it is said that it was equally divided. The grandmother's sister's son has already sold out his share to your mother which is done legally. Now the other grandmother sister's son who has filed the partition is not valid when it already partitioned. He can file the partition suit for his share which he got from his mother, he cannot ask for your share to be divided again and again. If they have made you a party, then, show to the court the documents of the property which you have got it along with the decree of the partition which was settled earlier.
Also in case, if the partition suit which was filed earlier has not been decided till date then he can not file same case with same subject matter for the same relief as it is barred as per the law.
Kindly rate if you like the response.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago