New partition suit after selling to us 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

A.Sons of deceased your maternal aunt does not require any permission from their respective sons or children before making sale of land received in heritance. After sale it is your mother and father who are owners of 6 acre each so in suit only your parents were required to be impleaded and sons of deceased were to be added or impleaded as performa defendant. If your parents are not satisfied by preliminary decree then same should be challenged in higher court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

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.

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It was necessary on the part of your father and mother to be added as Necessary parties in that Partition Suit so it is necessary on the part of your father and mother to file appeal against that Preliminary Decree on the ground of Non-joinder of necessary parties because by virtue of those registered purchase deeds they have such right to be added as necessary parties in that Partition Suit for proper adjudication. It is also necessary to know the pleading of those three sons in that Partition Suit regarding the sale of their undivided share in registered manner.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTree near boundary
Dear Client, It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
question iconProperty way dispute
Dear Client, You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
question iconSuit for Declaration Clarification
Dear Client, Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
question iconRegarding Preamtion
Dear Client, We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
question iconBuilding house on land assigned for shop
Dear Client, Generally, it is illegal to construct a house on the land granted for commercial activities or vice-versa without the permission of the local authorities. We would require more details on...