Inherited property partition


Hi all of you,

this is the disputes over the land near by 4 lane(patna -bakhtiyarpur).

we are 4 brother ,and my late father had sold few property for the personal use for 3rd brother and 4th one,then there was orally setteled that when  it comes to partition of land the same area will be deducted from their favour,but now due to rise in land price he(3rd brother ) has refused to accept because there is no evidence neither my father or mom is alive .while 4th one agree to withdraw same amount of land

is it enough that other three give their statement that the land was sold for the sole purpose of 3rd one.so that deduction can be take place.........

 

 
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legal advisor

now its not possible to prove anything as your father is no more.its better to settle the matter amicably by going in for a family settlement

 
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if all of them except 3rd one give their statement then why it is not treated as an evidence.

as the property is sold for 3rd & 4th brother, and 4th one is ready to quit same area of land then why should not  the 3rd one quit for the same....

 
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Advocate

Yes it is possible if other three brothers solemnly affirm by declarations in the form of  affidavits admitting the facts before a 1st. class Judicial Magistrate.

 
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sir

suggest me on another case,

my father had brought some area of land about 20 yrs back but my elder brother(the big one in all brother) by forgering my father, has registerd the land with his name .

is any possibility in indian law that we can demand the share of land from that part of area registred with  elder brother name  only as he is our big brother.

kya bare bhai me chote bhai ka hissa hota hai..

ham log abhi bhi combined family main hai aur kisi bhi zameen ka batwarra nhi hua hai..

 

 
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In the properties left behind by our father at his intestate demise shall devolve equally on all his legal heirs.  Now you say that two brothers were given money earlier by your father during his life time.  That was his decision then as per his choice. That cannot be involved legally in the present partition issue, in the intestate properties, all the legal heirs are legally entitled to an equal share.  If one of the heirs is magnanimous enough to give away his share to his fellow sibling, it his choice, he can very well relinquish his rights in it by executing a registered release  deed in anyone's favor of in favor of all others. 

To your second question:  While asking a question what was the necessity to seek clarification for the provision in Indian law?, which law are you governed by?  It is needless to say being an Indian you are governed by Indian laws only and not by a neighboring country law. 

The property seems to have been transferred on his name by forging your father's signature?, do you have proof for it, if you have substantial evidence to prove forgery, you can file a suit to declare the said transaction as null and void but it should be done within three years from the date of such knowledge.  You may consult your lawyer and proceed as per his advise. 

 
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Oral sale is also sale.......the two brothers who have purchased the property has to prove their purchase.The source of amount and the how the amount was used by ur father and witnesses, will prove the transaction.Regarding second point,Mr.Kalaiselven has rightly said.You have to prove the fraud.And you brother has also to prove the transaction,like method of payment,source of payment and witnessand evidence to the tranction.Of course it is difficult from your side to prove the fraud.  

 
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