Rao from AP (Private Service) 22 August 2012

Share in ancestor's property registed on my brothers name

Dear Sir / Ma'am,

I am in dire need of legal help on this issue.

We have 6 acres farm land which was being cultivated by my father till his death in 2008. The land was not registered neither on my grand father nor father's name. They bought it from fellow farmers about 50-60 years back in the village and cultivating it without getting it transfered legally. About 15 years back, my brother find the records from VRO and got registered the land on his name through the original sellers. I was 18 years old at that time. The land was on my brother's name till the date and we were joint family till the last year. He refused to give share to me in that land. Me and my mother do not have any legal proofs except that the land was cultivated by my father for decades. Shall my mother and me claim share on this land?

Pls help.

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3 Replies

Anish Thakur 7018812737 (advocate) 22 August 2012

dear querist,

if the land is directly transfered to your brothers name from owners of land its difficult to proof its coparcenary,however if you can proove that your father was cultiv ating that land and was in possession of that land from last many years as you said then you and your mother can claim share in it.firstly i want to see the revenue records of that land of last many years and what ever is available to give exact advise

jatin aggarwal1987 (legal officer) 23 August 2012

Dear Subbu Mr. Anish thakur adviced u well but in addition to this you should check the mutation of that property because if mutation is in the name of ur father, forefathers then u can prove it they are in the possession of the land and cn legally entitled to the share in the property.

Rao from AP (Private Service) 12 December 2013

Hi Anish and Jatin,

Thanks for your replies.

All the properties were partitioned except the above mentioned land. I agreed to leave that property on my mother's request and entered into partition for other properties. Shall I litigate that after some years OR not possible as all other properties were already divided and registered?

Regards