state land in possession is the sons have equally right.

Guest (Querist) 07 July 2015 This query is : Resolved
State land in the possession of a person and he cultivate from 1977, this person have two son, after the death of the person the said land is come in the possession of his two son, and they cultivate the said land,but after some year one son possesed the whole land.
now the question arrise the other son have no right on this land ? Is there is no ancestral right to other son?? Because the state land is in the possession of the father last 40 years...please suggest any judgement of high court or Supreme Court....in this regard.....

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Jayashree Hariharan (Expert) 08 July 2015
both have rights since the other has also worked on the land. or he can ask for the money equivalent.

P. Venu (Expert) 08 July 2015
Please disclose who you are and furnish the complete facts.

Dr J C Vashista (Expert) 09 July 2015
No reply to the query posted by an anonymous author.

Rajendra K Goyal (Expert) 09 July 2015
No reply to anonymous query.

Guest (Querist) 11 July 2015
Sorry expert..i am plaintiff my brother not giving me share..i am also a retired from army..trial court already give decision against me now i want to file appeal in HC...plz give me a judgement...

Guest (Querist) 11 July 2015
Because i am fail to proved my possession before the court..but the state land is in the possession my late father last 40 years but my bro...forcible capture it..i am retired from army i am a poor man...i have masual power and my brother is a both mausal power and money he also manuculate the document...and so i am fail to prove my possession so the trial court give decision against me...i dont know why...plz suggest me judgement...and help me

prabhakar singh (Expert) 11 July 2015
We do not have right to decide so one should not make any such request.

We may opine simply.

On facts stated you appear to have claim over the land in dispute as much as has your brother.

To form an opinion about a decided case, one can give an opinion only if one has an opportunity to go through the entire brief of the case which does not seem practically possible.
An appeal is your right.Go ahead and file it.

Guest (Querist) 11 July 2015
Sorry i means i have no mousil power...and money too..

prabhakar singh (Expert) 11 July 2015
Anonymity is not liked.You can use even a pseudo name.

Guest (Querist) 11 July 2015
Sir i am new so i cant know how to use..you ask me i answer...what you want..

Guest (Querist) 11 July 2015
My name is Dani Ram

prabhakar singh (Expert) 11 July 2015
"Sorry i means i have no mousil power...and money too.."

THAT IS YOUR CHOICE.

WE HAVE NO RIGHT TO UNDO THE JUDGEMENT PASSED AGAINST YOU.

Guest (Querist) 11 July 2015
No sir.you understand me wrong any way thanks

Guest (Querist) 11 July 2015
I am not asking you to give judgement in my favour .i means to say..do you expert know any decided judgement of SC or HC which favour my case...

Guest (Expert) 11 July 2015
Hope this Query though from" Anonymous " it had been Well Attended and Ended with Further Nothing to Add Please.

prabhakar singh (Expert) 11 July 2015
Nothing is there to understand you wrong.

The fact is that if a father died leaving two sons and record of rights were mutated accordingly then to prove ouster of a real brother by adverse possession is not that easy and very strong evidence is required because between two co-owners and more so when they are real brothers, possession of one is legally presumed to be of both.

That is why I commented about the need of the brief.

Rajendra K Goyal (Expert) 11 July 2015
At least very happy to see expert prabhakar singh ji's presence.

prabhakar singh (Expert) 11 July 2015
THANK YOU MR. GOYAL.

state land in possession is the sons have equally right.

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