How to make partition our ancestral land
Dear Sir/mam First problem--- my great grand father have two sons and total property is 36 ACRE(36 KILE jmin) so according to rule each brother should have 36/2=18 Acre but my grand father have 14 acre and other have 22 acre( without area no. only divided 14 and 22) but from starting we are ploughing 18 acre now my other grand father said its own property. second problem- if we satisfy with our 14 acre according to document then they choosing best area and giving to us banjar area. what should we do now.
A proper answer to this question can be given only on seeing all the documents however if your great grand father had left intestate then definitely the property should have been equally divided amongst you grand father and his brother. But if it was your great grand fathers self acquired property and he had willed it as 14 and 22 acres respectively then it would stay as such. But I am guessing that it is not the case and thus equal division must be presumed. Now that you have been actually ploughing 18 acres it goes to show that you have in fact been in possession of that much area and therefore you have a good claim over the area that is on your possession as possession is nine-tenths of the law. So if there is a dispute over the property you must file a suit for declaration that you are the true owner of the property of 18 acres. However if you are satisfied with lesser and your grandfarther's brother agrees to it then you must draw up a family settlement agreement and clearly define what area and how much belongs to whom. That will save you from the botheration of going to Court and thus is highly recommended that you settle it amongst yourselves and reduce it into writing and get the records mutated accordingly.
Advocate Rohan MittalSector 17, Panchkula
Based on the information provided, my response are as follows:
1. I assume that your grandfather is surviving and the rightful owner of the property. The khasra/khatauni/title documents I assumein your grand fathers name.
2. Legally since it is his property he has the right to keep any share of land for himself and only upon his death it shall be equally distributed amongst his legal heir unless he has a WILL and wish to alienate his property accordingly.
3. Under these circumstances you can seek legal resort by applying for ‘suit for partition’
I hope I have answered your query. Should you have any further query please do not hesitate to contact me.
Advocate Farhat WarsiSushant Lok Ph 2, Gurgaon
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