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MKArjun (Engineer)     01 September 2015

Dispute between cousins on claiming property after 40 years

Dear Sirs,

Recently my eldest uncle (A) two sons got into family dispute on sharing of 20 acres land which is on son (A-1) name which was brought by his father when he was minor with his self-earn fund. However same 20 acres land had been given to my eldest uncle (A) during his family arrangement in year 1974.Now my uncle son (A-1) is not ready to share this 20acres land with his own brother (A-2) as he is claiming that 20 acres land 100% belong to him and he saying that binding minor property during family arrangement is not valid.As A-2 (second son of my eldest uncle (A) not able to get 20 acres land from his own brother (A-1), now he has turned back to me (C-1) and threating me to give back 20 acres land which belong to his father. My father got this 20 acres land (belong to his elder brother A) during family arrangement which had took place in year 1974.Otherwise he said  he will go to court  to file suit to get  his father share from property earned by grandfather  as well as 20 acres land belong to his father.

Here is brief history of my father family:

My deceased father(C) had four brothers (A,B,C and D)

My grandfather (GF) brought 40 acres land from his self-earn fund and my eldest uncle (A) brought 40 acres land from his self-earn fund. (uncle A brought 20 acres on his first son A-1 (when he was minor ) and 20 acres on his own name).During family arrangement in year 1974, 80 acres land was divided among four brothers. B and D got 20 acres each from grandfather property and my father (C) got 20 acres land belong to eldest uncle (A) and eldest uncles had been told take 20 acres land belong his minor son (A-1).Family arrangement paper had been prepared on white sheet and signed by only 3 brothers (B had not sighed) and grandfather but it had not been stamped and registered till today. However names in mutation records had been changed for lands belong to B, D and my father C using family arrangement paper.

My queries are:

1) Is  my cousin brother (A-2) has right to  claim his father 20 acres land after 40 years of family arrangement?

2) My cousin is claiming that his father family arrangement is not bona fide as his father  did not get any property share from his grandfather property and his father was  threatened and forced give his own 20 acres land to my father (C )

3) My cousin is going to file suit to challenge my father 1974 family arrangement. Is this challenge is acceptable in court of law after 40 years of family arrangement?

4) Can I retain 20 acres land under adversion possession act?

Can you please guide  me to protect my 20 acres land through court of law.

Many Thanks to you.

Anil

 

 



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