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Yunus   09 January 2019

Agricultural Land Property

Hello Sir/Madam

I searched and found this forum to discuss my property problem.

My Grandfather had 40 acres of land. After his death, Property was divided among his 4 Son's in unequal way by elders, However my father being the youngest and works in small semi gov office away from village, he is been given very less share amount of land only 5Acres. As My father's big brothers threatened him so he din't argue or file any case to get proper share of land.

Now I am 32 years old also married and my father wants to transfer his property on my name.
So if I ask my father's brother's to give me equal share they are forcing on me and violencing us that if we ask about it .
because of which my Father worried and not transferring property on me.

please need you advise and suggestions on how to deal with this kind of situation.

Also Complete seperate portion of the land is not shared in proper way they have selected their some portion in mid of our land mid by mid which I cannot sell also in future.
their motive is to acquire our complete land , as they have given in strips in mid of their fields.

My father do not get any yield or profit since more then 35 years all been eaten by his brothers and they are using it for cultivation.
I have come up with several financial problems in my education and completed studies doin part-time work in school and college days.
we have property but we cannot ask and take our share of profit .

kindly let me know what steps to be taken and what all documents are required to transfer to my name.

awaiting for your positive response to provide solution .

Many many Thanks.


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     09 January 2019

A grand son is not a legal heir as per Hindu law.  When a settlement was done with consent of the parties, nothing can be done at this stage, as you were 32 years.  If there is a fraud either your father or in his absence you can file a declaration suit for cancellation of the earlier settlement and for equal shares.  It all depends on the nature of property, limitation period and other facts.

Adv. K.H. Mujawar   09 January 2019

Good Morning,

If the partion is done orally not on paper and u think injustice is done in the partion, ur father can still do a partition suit in the hon'ble court and ask for equal share in the ancestoral property.

regards

thebenchmark.pune@gmail.com

Shashi Dhara   09 January 2019

Usually registered partition is generally accepted in court. U file suit for partiti on along with Ur father it may take years don't hesitate u say that till u have not taken a Re as income. Then why do hesitate if u have income from other source go to court for partition if u is now 32yrs they may be 65yrs let they come to court at that age and give evidence

P. Venu (Advocate)     09 January 2019

Has the property been partitioned through a registered deed? Are there any sisters to your father?


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