Family Property dispute
5 years ago
Hello,
My grandfather has 3 sons. We 3 families have been living in 3 different properties which are undivided properties. My father bought a part of the land on which he constructed a house by taking a loan. It's his self acquired property. The part of land my father bought has a sale deed between him and his 2 brothers where they have acknowledged receiving money from my father when he bought a part of the said land. Now my uncle had filed a case asking for partition of property. The case was dismissed. But in the second case that he reappealed the court gave verdict to distribute 3 properties equally 1/3 each between 3 brothers. Now if the verdict is executed will our house get partioned along with land on which we have been residing for 29 years or will the share that my dad bought will get adjusted while division of other properties??will the partition commission consider the sale deed??
NARSIMHULU B
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
Anonymous
Replied 5 years ago
Hello sir,
The first case was filed by my uncle against his 2 brothers(My father and elder uncle). It waa dismissed by the court. But again he filed a case and the verdict came to divide all the properties equally among the 3 as it's an undivided land. The 2 other brothers have acknowledged receiving consideration in a sale deed with 2 witnesses when my father bought a part of the land to construct a house by availing loan. The court has not declared the sale deed invalid though it gave verdict to distribute all lands equally. My uncles have not bought any part of land in any of the areas they are residing on.
Anonymous
Replied 5 years ago
My father is going to reappeal. So I just wanted to know is it possible that the Court's decision was somewhat wrong?
Prabhakara S K Shetty
Replied 5 years ago
Yes the Court has made a mistake, it can be set right in appeal. The appeal should clearly point out the mistakes .
Anonymous
Replied 5 years ago
Thank you sir for your suggestion and time.
Manjula Shanmugasundaram
Responded 5 years ago
Further, If the self acquired property is wrongly included in the property to be partitioned, you always have the appeal remedy.
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