LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sir if two brother live in a plot of land and lan in name of one brother can another borther throught him out of land?

Page no : 2

Siddharth Srivastava (Advocate)     10 July 2017

It depend on as how the case is setup. Details of documents are required to be examined in order to ascertain the exact proposition. You may consult.

Kumar Doab (FIN)     10 July 2017

Originally posted by : ASHIM KR RAY
Sir,

 

     Actually family issue arise where A owner of land start living separately in another rented house.The father of "A" register land in big brother's name i.e A's name.Now "A" should leave the plot of land as "B" has made his home also there.

 

Now in your last post you have posted that the father registered land in favor of A.

It is believed that all are HIndu.

Confirm!

Kumar Doab (FIN)     10 July 2017

In case all are HIndu and property in the hands of father was of nature self acquired then NO one had forced share in it and father had right to dispose the property in his life time by a  valid/registered deed, in anyone's favor say:A.

 

By which valid valid/registered deed, father transferred the title in favor of A?

 

ASHIM KR RAY (business)     10 July 2017

Yes all are hindu anmd the plot of land is in the name of "A" itself.

Kumar Doab (FIN)     10 July 2017

You have not replied to all points.

Your last post/query has already been responded. 

ASHIM KR RAY (business)     11 July 2017

Yes, the property is in the name of father ones ,but father has transfer the property in the big son name i.e "A". now the plot of land is i the name of "A". so this is the case father has death approx 30years ago.

Kumar Doab (FIN)     11 July 2017

You are not replying to all points.

Your last post/query have already been responded. 

You have not replied to: By which valid valid/registered deed, father transferred the title in favor of A?

Kumar Doab (FIN)     11 July 2017

If the transfer is by a valid/registered deed then on what grounds anyone  is contmeplating to contest!

ASHIM KR RAY (business)     11 July 2017

Sir,

      In valid registered deed transfer the land. in hindi it term as "DALIL". An ground is A more efficient than B and may be more other reason which shall be not known to me.

Kumar Doab (FIN)     11 July 2017

If it is registered deed and transaction between both is valid and both were present then it should be OK.

 

Regret won't comment on DALIL that might be some local term having peculiar meaning.

Check locally.

ASHIM KR RAY (business)     12 July 2017

So, you r suggesting as it is in register Deed the name holder of plot "A" more chance of getting the land than" B".

Kumar Doab (FIN)     12 July 2017

The title holder/owner that has valid/registered deed in his favor owner can act as owner.

This has been dicussed from beginning of this thread.

Approach with case file a very able local senior counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with local terms/rules/laws for a considered opinion.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register