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Mallappa.G (Engineer)     10 February 2014

Property dispute- because unregistered settlement agreement

Hello sir,

My grandfather had 6 (S1 to S6) sons and 3 (D1 to D3) daughters.Both my grandfather and grand mother passed away in year 1981 after our family partition 1975.

S1,S2,S3 and S5 (ie.my father) had passed away

I am son of S5 and S1 has got 2 sons and one daughter

My grand father had purchased 60 acres agri land from his own earned money and S1 had purchased 30 acres agri land.

Before family partition, eldest son S1 had family dispute and hence grand father asked him to stay in his different home.Later on S1 started earning on his own and purchased property (agri land) 30 acres from his own earned money.During this time S2 was  taking grand father's property income and managing whole  family expenses.

When family partition took place among family members in year 1975.Grand father property was divided among only 4 sons S2,S3,S4 and S6.no property shared among 3 daughters  and Based on gram panchayat advise, eldest son S1 earned property was divided between S5  (ie. my father) 15 acres and S1 (15 acres).However family settlement agreement paper was not registered and original settelement agreement paper is missing.

Now issue is second son of S1 claiming his father earned property given to S5 (ie. my father)  and asking me to return our father property otherwise he is threatening to go court and file suit.Asked me to get share from Grand father property which is now enjoyed by  S2,S3,S4 and S6 but these families are not supporting on this issue because S1 second son warned them that if he did not get his father earned property from me, he will take share from grand father property.

Can you please advise on followings:

1) Is there legal way to protect my father property received  from his brother?

2) How to approach lagally to other family members (S2,S3,S4 andS6) to get my father share from grand father property?

3) As of today second son of S1 well settled in Bangalore and not suppoting his younger brother  claim and ready to help me on this issue.How can I use his help legally on this issue?

I do not have any other property other than property came from family partition.Please help me to save my father property and me.

Thanks in advance.

Shiva



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