Farming land problems
Prashant
(Querist) 28 September 2020
This query is : Resolved
Hi,
We are four brothers and we have 30 acres of land and out of it 12 acres is ancestor property and the rest 18 acres is bought on my money as I was a working person alone in the family and the rest 3 are looking after the land in the village and we were not separated till 2018 and in 2019 we got separated and our ancestor property was divided with 4 brothers i.e., 3 acres each and rest 18 acres have been registered on my name and their willingness also have been asked as the other 18 acres was purchased when we were together and they had no dispute in this matter.
Its been a year we have separated and we wanted to develop the land now, but now they are asking for equal distribution of land as it was purchased when we were together and they are approaching the court for it
Kindly help me with the legal procedure to protect my property which was purchased by myself.
kavksatyanarayana
(Expert) 28 September 2020
You stated that you and your brother separated. So whether the Partition deed executed between you? All the documents need to be verified. Consult a local advocate for guidance to proceed.
Prashant
(Querist) 28 September 2020
yes sir the partition deed has been executed and has been registered in the sub-registrar office and RTC also has been generated as per the partition deed.
Will it stand in the court if they go to court for equal distribution of land?
if they still approach the court what legal action we need to take?
kavksatyanarayana
(Expert) 28 September 2020
You have to engage a prudent lawyer for your case if they file any.
Dr J C Vashista
(Expert) 29 September 2020
The land admeasuring 18 acre is stated to be exclusively in your name hence you are the only titleholder/ owner. None other brother / sister or successor can claim till it is proved that it was purchased out of joint family funds.
Dr J C Vashista
(Expert) 29 September 2020
Show the relevant document and consult a local prudent lawyer for appreciation of fact, professional guidance and necessary proceeding.
Shilesh Patel
(Expert) 29 September 2020
agreed with the expert Dr. Vashista sirr.
A. A. JOSE
(Expert) 29 September 2020
If yours was self acquired property puchased by you out of your own money, where is the scope for raising legally valid claim by other brothers, especially when you had reportedly obtained their consents also for registering your own property in your name? If that is truly the case, you have nothing to be worried please.
Rajendra K Goyal
(Expert) 29 September 2020
You are the owner of the land, no one can take it without your consent or till you agree for harmony in the family.
If they move to court, oppose their claim through some experienced lawyer.
You can proceed to develop the land owned by you.
P. Venu
(Expert) 29 September 2020
Are you in possession of the property purchased at your expense? Was the property purchased in your name?
Has the partition deed been only for the family property or for all the properties? If so what are the recitals in the deed?
Dr J C Vashista
(Expert) 29 September 2020
Thank you Mr. Shilesh Patel for agreeing with me.
