Urgent help... on heritage rights on agriculture land
Guest
(Querist) 10 February 2014
This query is : Resolved
Dear Sir/ Madam,
Pls suggest mi am in big prob...
My father was bought a agri land from his brother in 1992 and reg in thaluk office and PAHANI, KATHA in my father name... Bt nw his son is applting for his share... Pls advice mi wt should i do... Is he eligible nw... Is there any provision...
Pls advice asap as i wil get in next week notice...
Thanks, Dhananjaya
9844320188
Dhananjayar4@gmail.com
Devajyoti Barman
(Expert) 10 February 2014
First post a proper query without using sms language.
You are asking for help from lawyers , not from your friends.
Guest
(Querist) 10 February 2014
Dear Sir,
Am very sorry, first time am using this portal.
Sir my father bought 1 acre land from his brother in 1992 and the same registration done and katha, pani in my father name. We are doing arcunet from 1992. Now his son simply disturbing us for his share. Pls assist me what should i do.
Thanks,
Dhananjaya
Guest
(Querist) 10 February 2014
Dear Sir,
Am very sorry, first time am using this portal.
Sir my father bought 1 acre land from his brother in 1992 and the same registration done and katha, pani in my father name. We are doing arcunet from 1992. Now his son simply disturbing us for his share. Pls assist me what should i do.
Thanks,
Dhananjaya
Guest
(Expert) 10 February 2014
Depends upon whether the land was his own of your father's brother acquiired through his own earning or inherited, as ancestral land on death of his father/forefathers and belonging to which forefather.
So, appropriate advice can be possible only after full facts are known.
Guest
(Querist) 10 February 2014
Sir,
We are basically from karnataka.
Land is my grandfather property then shared to his sons including my father, later my father bought from his brother where my uncle only signed on stamp paper and the land was registered in 1992 and as legal kahta and pani in my father name, since the day we are doing arcunet its almost 24 years arcunet. Intentionaly his brother and his son threatning us for his share. Please suggest wheather he is eligible for his share. what i need to do, there is no support of my other relations.
Thanks,
Dhananjaya
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
Once your father's brother has sold his share of property to you father through a registered sale deed, he does not have a right or interest in the property anymore, despite that if he is claiming anything, it is illegal and if he resorts to any violent act or any mischief, besides relief through civil court, you may approach the local police station with a criminal complaint against him.
Guest
(Querist) 10 February 2014
Sir, thank you so much for response, i wish to tel his son was minor at the time of regisration and now share calimed by his son and by his wife where my uncle only signed at the time registration. But katha and pani in my father name.
Please clarify whether son is eligble or wife is eligible to cailm.
Thanks,
Dhananjaya
SURESH BV, Advocate
(Expert) 14 February 2014
The property sold by your Uncle to your father being the property allotted to the share of your Uncle. Your Uncle's son i.e. your cousin brother has also got right in the property. Since, your cousin brother was minor at the time of alienation of property by your uncle to your father, the said alienation can be challenged in the court of law with a period of 03 years from the date of attaining the majority by your cousin brother. Therefore, the following clarifications are to be obtain
1.Whether 03 years have lapsed after attaining the majority by your cousin brother.
2.Whether the property was sold for the benefit of minor etc.,
3.Even though the property is sold, whether your uncle is supporting you or not? etc.,
Looking into the totality of circumstances, you can seek an order injunction against your cousin brother from the appropriate court of law.
Guest
(Querist) 24 February 2014
Dear Sir,
I am very grateful to you for valuable response.
Bellow for your reference:
1. 3years lapsed Property registered in 1992-93
2. No where mentioned about sale in Property divide deed.
3. My uncle is intentionally doing these things throw his son/wife.
Further to that; Details_
As I received mother deed (property division deed) from the sub register office.
Deed stated in detail about agriculture land distributed in 1992-93 and Registered to all four Brothers. A&D got equal distribution of 3 acres and B - 2 acres. C (my father) share distributed and registered is 3+1 acres which includes B’s share of (uncle) 1 acre as its beside to our land my father had plan to do arcunet but nowhere mentioned about land purchase from his elder brother and nobody was noticed it to mention. But fact is; my father purchased 1 acre land of Rs 10,500 in the said period itself as he is uneducated he dint do separate sale deed also based on division deed property registered and pani kanth in my father name since 1993.
Now B (my uncle) is preparing put a case based on less property distribution or land acquired by my father. My uncle intention is to disturb my brother who physically handicapped in my native. He is using his talent acquire the property.
Sir my request is: weather himself/his wife/his son’s able to lodge a case against less property distribution. Or whether he has any other way to acquired our arcunet land which we are doing since 1993.
Pls assist me to come out from this hurdle.
Regards,
Dhananjaya
