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Vijay (-)     24 October 2010

Hindu Succesion Act 1956 / 22

Fathers property devided with brothers in 1987 after the death of father. The well, internal roads and pumps are comman. Now both side property sold by brothers to another person. Can I claim for the same property under the act 1956 .. 22.  so I can purchase the property with the same amount to the existing owner ?



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 3 Replies

R.Ramachandran (Advocate)     24 October 2010

It is not clear from your question what is your relationship in the entire matter.  What is your relationship with the two brothers?  On what basis do you want to claim a share in the said property (under 1956 Act)?

You also say that "so I can purchase the property with the same amount to the existing owner ?"  What do you mean by this.

Please put your question in a clear way.

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Vijay (-)     24 October 2010

This property (Agricultural land) belongs to my father. After death of my father, in 1987 we divided our property in 4 brothers(Real Brothers) along with road to each onces farm, Well and water pumps.(Well and water pump is common in 4 brothers)

My brothers sold that property to other person(he is not related to our family) without giving me any intimation.

Do I have any right to CLAIM that sold property , as I'm ready to pay the all amount of that property.
So I can purchase my family property and start farming again.

Is there any possibility to get property back under succession act 1956 - 22?

priyaraghu (advocate)     24 October 2010

hi vijay,

in 1987 itself you all have divided the property and you have got your share and your right is restricted only to your share in the property and then your brother have subsequently sold the property, i think you dont have any right to claim as you have already divided your share in the property and that share belongs to your brother. you can claim for first preperence to purchase the property only at the time of partition. 


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