Deepak Jaswal (Deputy General Manager) 21 May 2012

Ancestral property in punjab

Hi All,

Please advise on following:

Agricultural property, registered in the name of 4 brothers (my father, his elder brother and 2 younger brothers) is being used by the eldest brother for the last >40 years. All 3 younger brothers never asked for any compensation from the eldest brother out of respect. Now, the eldest brother refuses to let go of the agricultural land when the younger brothers asked a question about distribution. How can the younger brothers get their share of this property? They do not have a copy of the registry with them. Please advise.

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6 Replies

Anish Thakur 7018812737 (advocate) 21 May 2012

dear deepak jaswal if the property is in the name of all brothers then it will be titled as your property and for more details i have to see the jamabundi and revenue records of that land from the begining, call me for the list of documents i need to give you best of my knowledge advise

Deepak Jaswal (Deputy General Manager) 21 May 2012

Dear Anish Ji,

Thanks for your response. Unfortunately, the elder brother has all the documents pertaining to this property. Will try to get relevant records from Patwari and send to you for your review and advice.

Anish Thakur 7018812737 (advocate) 22 May 2012

patwari cant not deny you from giving the said record or you can also get it from the tehsil by consulting some dalal in tehsil by mere paying a fee of rs 100- 500. all revenue record are online now

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S Jadhav 98336 98330 (Jadhav & Associates) 23 May 2012

It is advisable that you resolve the family disputes amicably. Take the help of an elder in the family to whom your brother may listen to.

If he does not come to the discussion table, then you may have to go to court. The court process is long, takes time, money and your attention but you will win it. Once the court is satisfied that other methods have failed to resolve the dispute, it will allow you to go for compulsory partition of the property.

S Jadhav

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Deepak Jaswal (Deputy General Manager) 23 May 2012

Thanks, Anish Ji. Will get papers from Patwari or Tehsil. I wonder if registries are made available online in Hoshiarpur District of Punjab.

Best regards,

Deepak

Deepak Jaswal (Deputy General Manager) 23 May 2012

Dear Jadhav ji,

Thanks for your advice. Mediation from elders has been tried in the past, but to no avail. My father's eldest brother is the eldest in our family now as my grandparents are no more. Hence, he is taking undue advantage of this situation. His three younger brothers are of mild and docile nature and do not wish to get into a fight or a court case to get their share. It is the next generation (my generation - my cousins) that is interested to get what is due to them. We are looking at alternatives to get our share amicably, but our eldest uncle seems to think that as long as he is alive, he should not let go of the property from his grasp.

Is it possible for this uncle to 'handover' this property to his sons through a Will? What will happen to others' share in that case? Please advise.

Brgds,

Deepak