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sekar   01 November 2016

Land grabbed by two brothers

our Paternal and maternal property has yet to be partitioned. I am away from that native place. My two brothers grabbed some costly lands and have put water plant and cattle shelter without any prior intimation and consent. Now they are not coming forward for partition in justice way by keeping the costly land with them. Will this come under Land grabbing ? will this come under offence by any civil and criminal law ? What is the remedy for this please intimate?


Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     01 November 2016

If by amicable means they deny your share then you need to file suit in civil court for Declaration and possession of your share in that property.

 

adv.bharat @ PUNE (Lawyer)     01 November 2016

Shekher please specify the information whether the property is self acquired or ancestral?

Kumar Doab (FIN)     01 November 2016

It is believed that you are Hindu.

Property from mother's side is not ancestral.

Property/share of father ( Self acquired/ancestral) shall devolve upon ClassI legal heirs i.e; mother/wife/sons/daughters.

 

Prefer amicable settlement and Registered family agreement.

 

Or partition suit with boundaries, mense profits.............

 

Approach a senior, seasoned, counsel specializing in such/property/revenue/civil matters with complete case file.

 

Kumar Doab (FIN)     01 November 2016

Repeated at;

https://www.lawyersclubindia.com/forum/Land-grabbed-by-two-brothers-143815.asp

sekar   27 December 2016

yes sir i am hindu and property are ancestral property and self accquired property too.

regards,

sekar

Kumar Doab (FIN)     28 December 2016

Property from mother's side is not ancestral. In property of Hindu woman: husband and sons and daughters have equal share.

Married daughters also have equals share in self acquired property of Father.

Married daughters may not get equals share in ancestral property of Father, if any/both of them died before 2005, as per Hindu Succession Amendment (2005) Act.


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