Nagoor (Test Lead) 02 September 2011

Joint property

Hi,

My Father has two younger and two elders brothers, in 1968 they have purchased agricultural Land in my village and that was registered in the name of my father's elder brother[ who is first son of my grand father]. Note: here they have not included co-owner's names in the registered document

Now the problem is my Father and his all brother's are passed away, My big father's son's are creating problem like, this is my father's property and we are the owner's of the land and we will not distribute the land to remaining fours uncles family members. The market price of agricultural land suddenly jumped up.

Note: they have registered other lands which were purchased after 1968[ after this agricultural land purchased].

Can any one suggest me the best possible solution for this dispute

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5 Replies

Surjit Singh (Student) 02 September 2011

Will you please provide any clue as to how you claim that you father and your uncles purchased the land jointly. Court demands proof . (Otherwise in law the person in whose name property is registered is the owner.) Sir, how does the court or anybody else can can know what the truth is - that is it was actully purchased jointly or by the person in whose name it is registerd.

Nagoor (Test Lead) 03 September 2011

Currently we don't have any writtten proof stating that, all the brother's have purchased the land but our caste commitee memebers and owners of near by this land know the fact that its a joint property but registered to elder son in 1968.

If we file a case, will court be looking into the registered documents or will it order for any enquiry to identify that it was joint property- Note: all the lands purchased when our family was joint family it was registered on the elder's [ My father's Elder brother - who is the first son of the family].

urgent- he is getting ready to sell the property, Please any one can help me and provide the suggestions?

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 03 September 2011

Dear Nagoor and Surjit,

Now you cannot claim share in that property. Your father had to claim it during his life time. now it is barred by limitation. you don't have any DOCUMENTARY proof to prove your claim in court. further more your cousin's will now claim long possessory as well as adverse possession. Now your claim is hopelessly meritless.

regards

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

Surjit Singh (Student) 03 September 2011

Dear Sh. Nagoor,

As sh. Rajiv Bhasin, advocate has advised above your case is hopeless on all accounts, that is title-simply saying your or your father's name does not figure in it, adverse possession and long possesrory are against you. Only witnesses will not do, if you prodoce 5 witnesses they will produce 10. Court will not go into any inquiry, You have only one thing yet left. Who was tilling the land as per revenue records(I don't know what they call it in your state, here in Punjab it is called GIRDAVARY which revenue official- here called PATWARI, record twice a year. If it states that you (alongwith son's of your other uncles) were tilling it jointly till recent times, you still have a case. Else, better bear the loss. Am I right, dear Sir, Bhasin?

Surjit Singh.