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jagdish sharan singh (MWO)     10 October 2010

land

 

Sir,

 

I belong to a joint family, which has three sub-sections.  I joined Air Force in 1944.  My share of land was being cultivated by my nephew who belongs to  another sub-section.  I retired and allowed my nephew to cultivate that land.  Now my nephew has filed a suit against me stating that my land has become his property due to long possession.  There was no partition between the sub=sections of the family. Most of the property is in the joint names.  My magnanimity towards my nephew has proved a disaster for me and my children.  My two sons are still serving in Air Force. Please let me know where does my case stand?



Learning

 3 Replies

R.Ramachandran (Advocate)     10 October 2010

You say you are a joint family.  If it is a joint family, every one will have only interest in the family property, but not definite share in the property (i.e. nobody can say this portion is mine, that portion is mine).  If portions are identified for specific persons, then it is not a joint family property, but partitioned property of a joint family.

While stating that you have given your portion to be cultivated by your nephew, you also say that no partition had taken place between sub-sections.  You are confusing and you are not clear.

Come with clear facts so that one can try to answer your query.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     10 October 2010

Once you have said your share is cultivating by your nephew and once you have said that it is joint family property. So I agree with the answer of the learned member V.Ramchandran

jagdish sharan singh (MWO)     11 October 2010

Originally posted by :adv. rajeev ( rajoo )
" Once you have said your share is cultivating by your nephew and once you have said that it is joint family property. So I agree with the answer of the learned member V.Ramchandran "

Sir,

Thanks a lot.  I am extremely grateful.  Extremely happy to have successfully communicated with you.  I will try to explain my case later on.  Thanks once again. 

REGARDS.

Yours faithfully

J.S.Singh.


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