field ( khet) case
vikrant
(Querist) 15 May 2014
This query is : Resolved
my mother have 2 sisters and her father and mother had died.my grandfather were 3 brothers.. 1st one was unmarried,2nd one was my mothers father and 3rd one have 3 sons and 2 daughters ...All three brothers had 30 bigha khet( field)which after the death of my mother father the 3rd brothers sons acquired all 30 bigha fields and my nani use to leave in their house..last year after the death of my nani my all three mama ( sons of 3rd brother) do not wish to talk to us ..they have acquired all fields and houses..my nana and nani had died so how can my mothers and her sisters can get their property back??? is it possible after the death of my nana and nani?? please help
Anand Bali Adv.
(Expert) 15 May 2014
Dear Friend,
Yes !!! and in deed Yes!!
Were your nani in the possession of the Kheti? 1/2nd of the total land as a shere must have been taken as 1/2 from the unmarried brother of the Nana.
your mother and her two sisters can get out of the 1/2 of the total land that is 15 bigha divided by 3=5 BIGHA EACH.
Here I advise you because the case is very typical be cautious on each and every aspect of the case presentation in the court as the plaint is the basic beam of any court case sply .in property matters.
It is an ancestral property so be delt with a great amount of care.
Always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
ph 09582144748; email adviselaw1@gmail.com
vikrant
(Querist) 16 May 2014
The case is from gorakhpur,Up...The property is under the name of my mama after the death of my nana...is it possible because no longer my nana and nani are in this worls.please help ..
T. Kalaiselvan, Advocate
(Expert) 16 May 2014
Your mothe and her sisters are entitled to a legitimate share in the share of the property that was allotted to your mother's father, i.e., your grandfather. The best solution is to file a partition suit seeking her legitimate share in the property as per the law. Let them defend in the manner they choose to.
Anand Bali Adv.
(Expert) 16 May 2014
Dear Mr Vikrant,
You have to file a case of Declaration, partition and possession in the civil court of your jurisdictional area with an application under Odr XXXIX Rule 1 of the C.P.C. for the injunction of th other party from your portion of the land and should not create further any third party interest on that.
If you desire we can handle your case with much care at Gorakhpur Civil Court in your benefit.As we operate in all the major towns of U.P. & U.K including Delhi. You rest assure each & every step of the case proceeding will be directed and watch by our consortium of professional Advocates of the specified field at Delhi only.
Anand Bali & Associates
ph: 9582144748 advicelaw1@gmail.com
