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Ajay (Consultant)     22 June 2010

Ancestral Property Disturbutation

My father has 3 brother. All four holding 1 acre of land in Maharashtra. The land originaly purchased by their Grandfather.

Now all four have decided to develop the property. Accordingly they got approval from the Muncipal Corporation.

Now each brother planning to construct One building on it (As per the aprroved plan).

Question is - How to determine the ownership of building constructed by them?

 

 



Learning

 3 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     22 June 2010

Well, firstly your grand father is alive, or not.

if not then

all four brothers name to be updated in the books of rights of records. or

all four brother can enter into registered agreement for determinig the land possessed by them.(i.e. distribution)

therefore the land say 4 part done A,B,C & D.

then one brother will have ownership on A land built building etc.

Q.is it that it is not possible to divide the land as if land is divided building cannot be constructed.

if yes, then any mutual agreement of understanding of ownership can do.

Regards

 

rajinder singh sandhu (chairman)     28 June 2010

A wife inherited the agricultural land from her deceased husband. after her husband`s death, husband`s sisters contested for the share of the land. In first court decision the judge awarded the land to his wife dismissing the case for other parties. the sisters appealed against the decision and hired the same solicitor who acted for the deceased persons wife and knowing the whole case and inside information, by stopping the wittnesses to appear again he won the case and jugde decided to give the shares to other sisters.

now the question is that have the solicitor broken any code of conduct for his profession by taking this case, and broken the faith in fair justice by using all the information and knowledge of the case when he defended this case himself. Is there any case against him for acting like this, if so under which law he could be prosicuted in the court.

has the judge have powers to call the wittnesses by summons to appear in the appeal again or should he not used the previous wittness statements in the defence of the appeal.

 

thanks

rajinder

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     29 June 2010

yes advocate has done unfair things in this contest and may be prosecuted under Advocates Act, regulated by Bar Council of related State.


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