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need in an advice

(Querist) 24 August 2009 This query is : Resolved 
Dear sir/madam,
we are from a family which is ruined by our blood relatives, pls do some advice us in the below mentioned case,

My Grandpa bought 12 beeghas agricultural land in lavaan tehsil, dausa distt, rajasthan 50 years ago (in 1965 approx) with his Elder brother as 1/2 share of both, after purchasing he died and my grandfather's elder brother through out my grandma, my father(4yrs), my buaji(1yr).

My grandma came to his mother in the same distt. and tried to her best by struggling to feed my father & buaji.

In the year 2000 my grandma with my father and me, again went to my grandpa's elder brother and demanded our 1/2 share in the land purchased by my grandpa & him.

But they played again a game with us,
they purchased 4 beeghas land separately in which my grandpa do not have any share,

they made an agreement on a Rs.100 stamp Paper with us that:-
1. we should make both the land 12
beeghas 4 beeghas in the ratio
1/3:1/3:1/3 as my grandpa's elder
brother has two sons and my father is
one of my grandpa.
2. we have to pay them Rs.80000/- for the
land purchased by them separately as it
is costlier than the land purchased by
my grandpa.

In last year we knew that the 4 beeghas land purchased by them was not registered in their name (as it is in the name of an ST person) and the actual owner captured the land again this year. we are trying to convince them that -
1. they have to register the 1/3 share of
4 beeghas in our name or
2. leave our 1/2 share in old land(12
beeghas)and return our Rs. 80000/-
otherwise we will suit in the court.

it is very surprising that in place of being agree on any above two conditions they filed civil case without informing against us in the distt court to claim 1/3:1/3:1/3 share in the old land which is bought by my grandpa and his elder brother in the 1/2 share, and they also saying that they are not able to pay Rs. 80000.
they filed case on the basis of Rs. 100 stamp paper and kabja of land in the ratio 1/3:1/3:1/3.

Please advice us what should we do now.
we are in a very confusing situation as we went to a lawyer in the distt court he suggest us to capture our 1/2 share in place of 1/3 by any means only then we can win the case or can get our Rs. 80000.

I will be very oblidged to you.

currently we are leaving in south delhi.
Sanjeev Kumar Aneejwal (Bairwa)

sanjeev murthy desai (Expert) 24 August 2009
Dear Sanjeev

In your case this properties considered as joint family propertis purchased by your grand father and his elder brother.we also not confirmed that subsequently purchased 4 beegas land by whom? (elder brother acqured or his childrens)?

As mitakshara Law your father has 1/2 share and children of elder brother of your grand father have 1/2 share in the in the properties.

They dont have any rights to get 1/3 share in that porperty they (both children) have 1/2 share in the property as per mithakshara law.

If you claiming 80000/- you cant get 1/3 share in the 4 Beegas land otherwise you have right to claim the 1/3 share in the 4 Beegas land.

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