About agriculture land
mangesh ghude
(Querist) 12 August 2012
This query is : Resolved
My father had received an ancestral agriculture land from his ancestors.then he did the partition of this land and gave one piece of land to me,one piece to my real brother and one piece to my mother.after that we both brothers and my mother also made the changes in the ownership records of these pieces of land in our name.after some years my father died.then my mother made her will which is registered.according to this will,she gave aforesaid whole piece of land which she received from his husband to only me.after the death of my mother,I made the changes in the ownership record of this land in the name of me as per the will.but in the mean time,aforesaid my real brother was cultivating this land which I received from my mother as per her will.today also he is cultivating this land.now I am telling my brother to give me back this my land to me but he is not ready to do this.so now,what is the way before me to get back my land.can I make an application to the tehsildar for the same?is there any legal right to the tehsildar to make the decision in this matter?if not,then,is there any other revenue officer who can make decision about this?if this also not,then what is the other way before me as I don’t want to go to the civil court?
adv. rajeev ( rajoo )
(Expert) 12 August 2012
If it is not in your possession, you will have to file a suit for possession and consequential relief of injunction against your brother.
Raj Kumar Makkad
(Expert) 12 August 2012
No legal expert can become agree with rajeev. You shall have to file an application seeking partition of your land either received by way of will or from your father. Your entire land shall be clubbed at one place having separate possession and revenue record having no connection with the land of your brother. In that way, your brother shall have to compulsorily leave his possession over the land being cultivated by him which is duly owned by you.
