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Rao from AP (Private Service)     11 April 2015

My fathers property not shared to me....

Respected Advocates,

We have an ancestral  property in the village. After the death of my father 8 years back, we, two brothers and my mother partitioned the property. My brother (elder) did not share the 6 acres land for me as it was registered for him about 15 years back. I have accepted for the partition (3 years back) for the remaining land and it was done. Now I want to fight legally for that undivided property. The history of that 6 acres property is as follows:


1) My father purchased that land from somebody in the village more than 50 years back but did not get registered on his name. He might have paid all the taxes and cultivated that land till his last breath.

2) About 15 years back, my brother, to get a loan from the bank through mortgage, got that land registered on his name by whom the land was in the revenue records. We partitioned in 2011. My brother did not share that land to me on the grounds that he has taken care of my parents, which is completely false.

3) All the properties were shared except that land. Shall I legally fight for a share in that 6 acres property? My mother is now living with me after the partition.

Pls give advise..

Thanking you.



Learning

 2 Replies

saravanan s (legal advisor)     12 April 2015

the six acres that your father had given your brother is hls self earned property.so he is free to give it to anyone he wishes to give.i assume that he would have gifted it to your brother as he was alive at that time.a gift once made is irrevocable but you can file a set aside petition for the gift deed on the basis that its been obtained by fraud

Rao from AP (Private Service)     13 April 2015

Dear Saravanan,

Thanks for the reply but it seems you did not get the point of the case. My father has cultivated that land for long but it is not on his name in the records. My brother got that transferred through the person who have the records on his name.


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