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MKArjun (Engineer)     12 August 2015

Dispute between brothers on sharing of property

Dear Sir,

We are two brothers (A-1 and A-2) and one sister(A-S1).My deceased father had purchased 15 acres land on my elder brother name (A-1) (before his family arrangement in year 1995) and After family arrangement, my father purchased  8 acres land on my name (A-2) in year 2000 (when I was minor).
Now dispute started between us on sharing of agri land. My elder brother (A-1) is not willing to share his 15 acres land (which came through my father family arrangement) with me and sister.
 
Here is brief history on how my elder brother (A-1) got 15 acres land:
 
My deceased hindu father (A) had purchased 15 acres land on my elder brother (A-1) name when he was minor (5 years old) and 15 acres land on his name (A) with his self earn fund (own business).
During his family arrangement in year 1995, his 3 brothers (B,C,D) and grandfather (G) forced my father (A) to give his 15 acres land to his 2nd brother (C) and asked my father (A) to take 15 acres land belong to my elder brother name (A-1).My grandfather (G) had purchased 45 acres land. Two uncles (B and D) and grandfather had shared 15 acres land each from this 45 acres my grandfather property.
 
Can you please help me to clarify following points and guide me to take this matter to court of law:
 
1) Is  my father and his brothers (my uncles) have right to  bind minor (elder brother land)
     property during their family arrangement in  year 1995?
2) Is my elder brother's 15 acres land  considered as joint family property?
3) Am I have right to claim in my elder brother 15 acres land? if yes, how can I claim through                court of law?
4) After my father family arrangement, no partition deed had made and registered. If I am not able  to     get share in my elder  brother’s 15     acres land.Is it possible to claim back my father 15 acres         land given to my 2nd uncle (C)?
 
Many thanks for taking your time to go through above points and help me to get my share of land.
 
Thanks
Arjun


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 2 Replies

saravanan s (legal advisor)     13 August 2015

you have no claim over the  15 acres land thats on your elder brothers name.also the family settlement made in 1995 is not valid as your father cant claim the land which was on your elder brothers name.

as far as the 15 acres that was on your fathers name is concerned he can give it to anyone he wants for its his self aquired property.if you suspect fraud played by your uncles then you can challenge the sale before the court of law with valid proofs

MKArjun (Engineer)     17 August 2015

Thank you Sir.


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