Sharing of land
Suresh Kumar Shaw
(Querist) 26 October 2015
This query is : Resolved
Dear Sirs/Madams
Please advise me the solution and obligation of the following cases:
Case No.1 - My father and My uncle (Elder than father)were lived together till 1978 and all the land were purchased in the name of my uncle with joint income, maximum share of income of my father as he was an earning person. Now my uncle's son i.e. my cousin does not want to give us shares from the purchased land in the name of his father i.e. my uncle. Please suggest us what is legal aspect to get the share form same.
Case No.2 – Out of the joint purchased land, One land my father has made transferred a land and made register deed from my uncle as all lands register deed were made in the name my uncle. But we have given the share from transferred land and they are using it. Now we claim on whole share of transferred land and tell them to leave but they deny to leave. Please advise us the legal aspect to get the solution.
Thanking you in anticipation
Best regards,
Suresh Kr. Shaw
P. Venu
(Expert) 27 October 2015
What is the stand of your father as well your uncle?
Rajendra K Goyal
(Expert) 27 October 2015
If the land is in the name of your uncle and he do not want to give any share to your father, your father has no claim on the property.
If the land was in joint name and the portion / share was given to other share holder, your father can not claim full share now, if due partition has been done.
alexander
(Expert) 27 October 2015
Would your UNCLE (your Father's brother) admit that the land was purchased with the combined monetary resources of your Uncle and your father's savings (self earned funds) and that the share of your Father's contribution was, say X %. In that case there is a legal possbility of getting X % of the land by your father. Your Uncle's admission should be given on an Affidavit dully Registered with the Registrar so that there is no retraction of this admission.
K.S.Srinivas
(Expert) 28 October 2015
I agree with Sri Rajendra K Goyal.
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
The fact what you say is known to your father and uncle, what is their opinion to this? If the elders are maintaining cordial relationship why do the youngsters fight with each other instead of arriving at an amicable solution among yourselves. Once there is an intervention and advice by elders all the youngsters should oblige and comply by the instructions passed.
Arrange for a meeting for sorting out the issues through negotiations and amicable settlement instead of locking horns in a prolonged legal battle.
