Agricultural land distribution
vikas
(Querist) 26 December 2011
This query is : Resolved
In 1968 my father bought 2.06 acre land( in chhattisgarh) in the name of me(radheshyam ) and my elder brother(daya).At that time we were not adults.That land is in hands of my father since last 45 years.Now my father wants to distribute this land in his 6 son and 4 daughter because they were not born that time but i dont want to distribute that land.My all brother and sisters have applied a case in tehsildar court to distribute this land.
my questions are as follows:
Qu 1: Is there any possibility of distribution of this land to all the brothers and sisters?
Qu 2: Is there any necessary steps to be taken by us and our lawyer to regain control over that land?
prabhakar singh
(Expert) 27 December 2011
If you are dishonest and want to claim then weight of law is in your favor but law of moral is against you because it is property made by your father is your admission,then he can also sue you that he bought in your name as BENAMI.If YOU think in greed of property WAR in family is more good than LOVE then chalu karo shankhnaad hamse kyoun poochate ho.
Deepak Nair
(Expert) 27 December 2011
Well said Prabhaka Sir
vikas
(Querist) 27 December 2011
sry Prabhaker sir that i could not explain the exact situation of our case.My family left me 20 yr ago due to personal disputes.The dispute was that my wife could live there, all person alwayz abuse to my wife without any reason.They didnt even gave even a bed to sleep for my pregnant wife so we were forced to leave them and finally we lost the child due to lack of good hospitality and money.At that time they were very rich and now too.Every brother and sister has 2 or 3 acres in their name bought by my father.My father has 6acre of land.My mother has 14 acres of land in her name.My father wants to distribute my land only and dnt want to distribute others.He wants me to through me out of his properties so that i cant get anythng.He tried to gave money to clerk to remove my name frm land but clerk didnt.We were not looking for their properties but suddenly they fired a case against me.I dnt knw wht to do.If my father win the case then he completly part me of frm his property too.
IS THAT LAND BENAMI BUT THAT WS PURCHASED FOR ME BY MY FATHER ?
Plz suggest me wht to do in such a situation.I want to distribute that land bt i want to take my part frm total property because i lost many things in life due to lack of money.
Thanks sir
Devajyoti Barman
(Expert) 27 December 2011
Your father without your consent or without making the land declared as Benami can do nothing least distribution.
So rest assured.
If he exercised physical force then file a suit for injunction.
prabhakar singh
(Expert) 28 December 2011
Dear vikas!
I am sorry i hurt a man already hurt by parrents.I condemn the attitude of parents who discriminate among their own children and show several kinds of partiality.
In my view if your father even file suit to claim those properties back by any BENAMI declaration, he can not get any success.Because such a suit does not lie so far present situation of law is.
you can use the following law which is in force and its provision are in your favor.
The Benami Transactions (Prohibition) Act, 1988.
3. Prohibition of benami transactions-
(1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall apply to the purchase of property by any person in the name of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the said property had been purchased for the benefit of the wife or the unmarried daughter.
(3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974), an offence under this section shall be non-cognizable and bailable.
This Act is retrospective in effect vide supreme court judgement in[ Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247.]
HENCE YOUR FATHER CAN NOT CLAIM THESE PROPERTIES BACK FROM YOU EVEN IF IT WAS PURCHASED BEFORE THIS ACT CAME IN FORCE BY ANY SUIT.AS YOU SEE ONE CAN ACCORDING TO ABOVE 3.(2)BUY PROPERTY IN NAME OF HIS WIFE OR UNMARRIED DAUGHTER ONLY,IN ALL OTHER CASES HE IS BARRED TO BUY AND SHALL BE GUILTY OF OFFENCE PUNISHABLE UNDER THE ACT.
BUT THIS YEAR A NEW BILL HAS BEEN INTRODUCED WHICH IS NOT IN OPERATION SO FAR BUT THAT SAVES ALL JOINT FAMILY TRANSACTIONS.
THE SECOND THING IS THIS THAT YOU CAN NOT CLAIM PROPERTIES STANDING IN NAME OF YOUR OTHER FAMILY MEMBERS BOUGHT BY YOUR FATHER.
YOU CAN CLAIM THEM ONLY WHEN THEY DIE WITHOUT ANY WILL.
IF THERE IS ANY PROPERTY WHICH WAS INHERITED BY YOUR FATHER FROM HIS FATHER AND IF YOU WERE BORN IN LIFE TIME OF YOUR GRAND FATHER THEN IF THE PROPERTY WAS MADE BY YOUR GREAT GRAND FATHER THEN YOU CAN CLAIM YOUR SHARE IN THOSE PROPERTIES EVEN IN LIFE TIME OF YOUR FATHER.
