Partition of ancestral property
1. My great grandfather had partitioned his property among his five sons and himself in the year 1964. In 1998, my grandfather died intestate leaving the ancestral property and his two sons (one among them is my father who is elder). Then they made a partition agreement in November 1998 (The partition is not reasonable and in equal parts) (I became major in August 1996) on a piece of white paper signed by both of them with two witnesses and I do not have any idea regarding the same and my signature is not there on it. Is it valid partition agreement ?
2. In year 2005 my father transferred his part of ancestral property to me by a registered gift deed based on the oral / written partition agreement in point 1 above. Is my registered gift deed valid ? (Note : When I approached a lawyer for opinion to obtain home loan based on the property, he said the document is invalid and illegal and proper partition should be carried out and oral/written agreement in 1998 in point 1 above is not valid)
3. In 2009 my uncle had partitioned his part of ancestral property among his two sons and himself by a registered gift deed. Is it a document.
4. Now based upon the facts I had filed a private complaint under criminal procedure code in the local police station with the SI, against my father stating that he had acted in a fraudulent and deceitful way (cheat) by registered the improperly and illegally partitioned ancestral property and also neglected my mother to look after her well being. The Sub Inspector of the police station had taken the complaint and told that complaint number will be given to me when my father comes and gives a statement to this regard. I said OK. Have I done the right thing ? If not what shall I do now ?
Please guide with all references in all the above points at the earliest please
Regards more
2. In year 2005 my father transferred his part of ancestral property to me by a registered gift deed based on the oral / written partition agreement in point 1 above. Is my registered gift deed valid ? (Note : When I approached a lawyer for opinion to obtain home loan based on the property, he said the document is invalid and illegal and proper partition should be carried out and oral/written agreement in 1998 in point 1 above is not valid)
3. In 2009 my uncle had partitioned his part of ancestral property among his two sons and himself by a registered gift deed. Is it a document.
4. Now based upon the facts I had filed a private complaint under criminal procedure code in the local police station with the SI, against my father stating that he had acted in a fraudulent and deceitful way (cheat) by registered the improperly and illegally partitioned ancestral property and also neglected my mother to look after her well being. The Sub Inspector of the police station had taken the complaint and told that complaint number will be given to me when my father comes and gives a statement to this regard. I said OK. Have I done the right thing ? If not what shall I do now ?
Please guide with all references in all the above points at the earliest please
Regards more
Viewed by 271
Partition in 1964 was between GGF + GF + GU1 + GU2 + GU3 + GU4 So the term "Ancestral Property" wrt you is ONLY GGF + GF, you have no rights on anything Registered to GU1 to GU4. A. The Partition Agreement of 1998 relates to A(1) Property GF above - is valid, even if not Registered. Its validity can be contested only by your Father or Uncle and NOT by you as long as your Father is alive. A(2) Your Father's share in Property GGF - if it has not been addressed, then that can be claimed, ONLY by your Father and NOT by you. Transfer of Property A(1) above to you through a Registered Gift Deed is valid, but the transfer has to be completed in Land Records through appropriate Transfer and Registration process. A Lawyer should be able to implement it, as long as copies of prior documents is available. The Document on its own is an insufficient document of title. B. The 2009 Partition by your Uncle B(1) Transfer of Uncle's share in Property GF is valid and you have no rights or claims on such Property. B(2) Transfer of Uncle's share in Property GGF to your Cousins, may be contestable by your Father, as a right holder in the Property, but NOT by you. If your Mother is alive and resident with your Father, she has no Claim. If separated / divorced, then any Claim has to come from HER and NOT from you. You have no Claim on "behalf" of your Mother. Your Police action is totally specious and ill advised - you have no Claim on anything as long as your Father is alive - you rights, however contestable, will arise only on your Father's demise. I suggest you build your own life and sustenance rather than looking for ways to exploit the efforts and property of your Great Grand Father. more
Aug 09
As I remember, you had raised this issue last year as well. If no solution was available from the suggestion/comments of our members, don't waste your time and hire a good and reliable lawyer to get the issue solved to your satisfaction. more
Aug 08
You should ask your father and his brother to get a legal partition registered and then every thing will flow from that deed. Police has got no role into it. You will be playing in their hands. more
Aug 08
It seems that there is no ancestral property left behind. Law is simple once partition then there is no HUF or united family hence no longer ancestral. Each individual take forward their family and are free from old tangles. Since your family is in habit of partitioning and partioning refrain use of ancestral. As far Gift is concerned they on partition are absolute owner to make gift. The only question is when partition was acted upon or not. You are totally silent because on paper there may be partition but reality may be different so act accordingly more
Aug 08
