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Sandeep   04 January 2023

Ancestorial property

My father is an agriculturist, and he has four brothers. They are in total 5 brothers. The elder brother passed away in year 2018 and other four brothers are alive. We had 15 acres of ancestral property in parts and pieces. Elder brother and youngest brother were doing their own business. Second brother is a retired central Govt Employee. Third brother and My father were possessing the land as other brothers asked us to continue with the agriculture till, they are back so that we can have something for our livelihood. However, there was always a dispute between my father and third brother. So, in 2009, my other brothers decided to have a partition and I was promised 7 acres of land in one place. So based on their words on Jan 2010, my father went ahead and made the papers claiming the 7 acres said land based on oral partition and we informed others also. However, my father did not make the Patta and also did not take the signatures from other brothers on the grounds of trust. But now in 2020, the govt was acquiring our lands and hence other brothers started to check for the property papers. They applied for EC and they noticed that 7 acres of land has the name of my Father, me and my sister. Hence, they sent a notice from the advocate that land was transferred to my father's, myself and my sister's name fraudulently. We discussed with other brothers after the notice but now they are saying that we never told you to keep that 7 acres of land. My father's brothers as cheated us now. We don't know what to do. 



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 2 Replies

Advocate Bhartesh goyal (advocate)     04 January 2023

Since ancestral property ( agriculture land )  was never partitioned by metes and bounds among your brothers so your father and his brothers have equal share and rights in their ancestral property.your father has no right to retain 7 acres of land on basis of oral assurance.Better settle the matter amicably.

kavksatyanarayana (subregistrar/supdt.(retired))     04 January 2023

Yes.  I agree with the advice of the above learned expert Mr. Bhartesh Goyal sir.


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