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HI12345678 (manager)     29 December 2013

Family land dispute

Sir my friend fathima sulekha has problem with his brother.. Her father died in 2007. her father had one acre of ancestral land he got as partition deed and has got 7 cents of land which he purchased in 1971 in the name of his mother sulekha. one acre plot has no road frontage and 7 cent plot has full road fronatge.

In 2000 fathima's father and mother together made a gift deed ( dhana nischaya aadharam) to give the aforesaid 7 cents of land to fathima, however they have made a providson in the deed to allow 2.4 meter way for transport in one side  to the one acre land. This matter was mentioned only in the deed awarded to fathima. The one acre was not having any way as it is abutting to paddy fields on the otherside. The one acre land was given to her brothers by her father  before the gift deed was made to fathima.  

Now the brothers are claiming that there was already a way of 1 m to their one acre plot and the 2.4 m way was given by their father in addition to that... They have demolished fathimas boundary wall and they started construction of house in their land... My question is

1. Fathima's mother in alive, whether she could cancel the 2.4 m way permitted in fathima,s deed.

2.  Whether fathima could claim on the land given to her brothers as his father's ancestral land partition was dome without justice to her

3. One brother has sold a protion of the land he got from father , whether she could include this land also in her claim petition to re - partition

Please reply

 



Learning

 6 Replies

reejas (advocate)     30 December 2013

no she cannot do that

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 December 2013

Your querry: The one acre land was given to her brothers by her father  before the gift deed was made to fathima.  

Was it registered under revenue records ? If so the boundaries clearly mentions on the registered document. Accordingly you can follow.

T. Kalaiselvan, Advocate (Advocate)     30 December 2013

1. Fathima's mother in alive, whether she could cancel the 2.4 m way permitted in fathima,s deed.

2.  Whether fathima could claim on the land given to her brothers as his father's ancestral land partition was dome without justice to her

3. One brother has sold a protion of the land he got from father , whether she could include this land also in her claim petition to re - partition

 

1)  The gift deed which has been acted upon cannot be revoked.

2)  Fathima has no right over the ancestral property because as per Muslim law, she cannot claim partition in the ancestral property.

3) She cannot do so,

Ram (Associate Professor in Physics)     31 December 2013

Sir,

My father with his four brothers bought  5 acers land in our village in 1979 it was solely registered on his elder most brother who lived in our  village. Later, in the year 1993 it was registered on all his brother names as joined property. 

His elder most brother died in 1995, on the same year few weeks before he died  his son registered the same property on his name forcebly.  Even in that registration his father (my father's elder most brother) refused to sign so he took thumb impression.

In 2005 his son filed  a case against my father alone claiming his as property. It was won by my father side in 2009. Again he filed case against another brother of my father separately and on us separately.  Now, my father is no more, only his younger most brother alone alive.  

 Intervening period he took bank loan on the property using the document registered on on his name and also he cultivating the land though it is in case. 

almost 8 years it is in case (we four families on one side, my father's eldermost brother family on side). Please give your suggestion.

Ram (Associate Professor in Physics)     31 December 2013

Sir,

My father with his four brothers bought  5 acers land in our village in 1979 it was solely registered on his elder most brother who lived in our  village. Later, in the year 1993 it was registered on all his brother names as joined property. 

His elder most brother died in 1995, on the same year few weeks before he died  his son registered the same property on his name forcebly.  Even in that registration his father (my father's elder most brother) refused to sign so he took thumb impression.

In 2005 his son filed  a case against my father alone claiming his as property. It was won by my father side in 2009. Again he filed case against another brother of my father separately and on us separately.  Now, my father is no more, only his younger most brother alone alive.  

 Intervening period he took bank loan on the property using the document registered on on his name and also he cultivating the land though it is in case. 

almost 8 years it is in case (we four families on one side, my father's eldermost brother family on side). Please give your suggestion.

KCHMENONPGT (DESIGNER)     03 April 2016

Sir, I am from Kerala.In 1999, after I spend 2lakhs for sisters marriage, my father gave 55cents and 12year old house(built in 1987 with around 1lakh rupees-that my mothers intensive money related to retirement) as dhananichyadharam to me.But I didnt do the mutation for it.We have total 186 cents.Until their death, me only served them.I have 2 elder brothers.Father died in 2001 & mother in 2006.An umarried aunt-fathers sister(86yeras)with me.My brothers know well about this dhananischayadharam.Now we plan to make partition and I told I want only this and remaining you both can take.But now they with their own n assess calculation told me they value the house for 10lakhs and land with me 70lakhs.The portion for them they show less value and ask me to pay them 26lakhs to get equal distribution.Otherwise they will go to court and complaint that by cheating I did this with father when he was sick(his end with Alzheimer's disease. Kindly advice me what I do fro my part in this situation?Is any setback I get, because I delay the mutation.


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