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ASHIM KR RAY (business)     16 July 2024

Land possession

Sir,

 

  My Father has two bother name B and C.

Land was purchase in the name of my Father and B.

Now all of suddenly B brother is demise.

so C brother advise to do partition of land.

I took my father portion and B portion given to c to stay.

I donnot claim any thing from B portion as a good gesture.

C then change all the name in paper and staying there.

But recently last two to three year C 's behaviour change and act very rude.

So my question is can i Claim Now 50per of B's portion though its to late.



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     16 July 2024

How did you take your father's share in the property, did your father partition the property and then transferred his share in the property to you by a registered document?, if yes, then the other share of property should actually devolve on the legal heirs of your deceased uncle, hence the other brother cannot claim any rights in the property.

Therefore whatever you say here is unbelievable because you don't have any right or authority to give the other share ot your uncle C for any reason. 

How was the share of property transferred to C? by a registered deed or oral?

If your question is really genuine and you are really serious looking for proper opinion , you may revert with more details or the facts and background so that all your doubts can be legally clarified

 

ASHIM KR RAY (business)     16 July 2024

Sir,

 As my father is no more.

T. Kalaiselvan, Advocate (Advocate)     16 July 2024

You have not come out with proper details as sought hence without knowing further details no more opinion can be given. 

Dr. J C Vashista (Advocate )     17 July 2024

Your father and his brother B are absolute owners of the property purchased by them, whether both of them died intestate or execute some testamentary document (will) ? 

Who else are legal heir(s) of your father and B ?

Which religion did your father and B profess at the time of their death ?

Incomplete and vague facts cannot lead to form proper opinion and oblige. 

 

ASHIM KR RAY (business)     17 July 2024

My father and brother B is absolute owner of property there is no name of brother c. Brother C is alive with his family.

Brother B is remain unmarried till death and my father is also no more  but married and i am his only son.

The land  was divided in two part i took my father part and give brother B part to C brother.

But due to unexceptable behaviour and disturbance from c brother ,i realised i made a mistake by not claimimg 50% of brother B part.

So can i claim now.

Hopefull i can mak you understand whole scenario. 

T. Kalaiselvan, Advocate (Advocate)     18 July 2024

How did the partition happen, by a registered or an unregistered partition deed?

If it was an oral partition then this cannot be disputed at this stage.

However you should be aware of the law of succession in this regard. 

If your unmarried uncle is not survived by any class I legal heirs then the class II legal heirs can inherit his share in the proeprty. 

he legal heirs of a deceased unmarried person are determined by the Hindu Succession Act, of 1956. The order of succession is as follows: Class I heirs: Parents and children of the deceased. Class II heirs: Brothers and sisters of the deceased and their children.

The order is given below for your reference, as per the order, your status falls on the fourth category, hence whatever your uncle C had inherited is right as per law;

CLASS IInd HEIRS

  1. Father
  2. (1) Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
  3. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter's daughter.
  4. (1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
  5. Father's father; father's mother.
  6. Father's widow; brother's widow.
  7. Father's brother; father's sister.
  8. Mother's father; mother's mother
  9. Mother's brother; mother's sister.

Now you can decide what can be done on this

1 Like

ASHIM KR RAY (business)     19 July 2024

SIR,

      cHANGE IN NAME IN JAMABANDI ,that is land revenue change.


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