Land rights
velmurugan
(Querist) 26 September 2015
This query is : Resolved
Dear Sir,
My Father and his elder brother has brought 10 acres land.Due to uneducated my father is cheated by his elder brother and so he registered that 10 acres land in his name.
Do i have rights to claim it ? Now my fathers brother is no more he died 3 years before.And his 3 sons were planning to partition the land. Please advice.
velmurugan
(Querist) 26 September 2015
I'm from tamilnadu and i'm an Hindu...
Anirudh
(Expert) 26 September 2015
You cannot do anything about it now. Person spending money, if uneducated, should at least take the help of others who are educated. Having not done so, and when the property is already in the name of your father's elder brother, now nothing can be done legally about it. The property has gone for ever from your father's hand.
velmurugan
(Querist) 26 September 2015
Dear Sir,
Thanks for your reply,
Land was bought before partition.Still now there wasn't any partition has made between my father and his elder brother legally all are made in verbal communication only. Including our house.
But that 10 acres land alone is in my father's elder brother.
Anirudh
(Expert) 26 September 2015
Dear Mr. Velmurugan,
Pl. do not go on repeat the same query.
It has already been informed to you that since the property was registered in the name of your father's elder brother (no matter who paid for it), it has become his absolute property long back.
Now, You cannot claim back the same legally.
Kumar Doab
(Expert) 26 September 2015
Involve elders and well wishers.
There are threads indicating that lawyer may have a strategy ................. e.g:
http://www.lawyersclubindia.com/experts/Illegal-wife-having-properties-on-her-name--562126.asp#.VgZkHX1-jMo
Along with elders and well wishers you may discuss with your lawyer specializing in such matters and if you are convinced that there is a strategy that may fetch you some result then you may weigh all pros and cons before you proceed further.
Otherwise as per the details posted posted by you, nothing may be possible.
velmurugan
(Querist) 26 September 2015
Dear Sir,
Thanks for your reply,
Rajendra K Goyal
(Expert) 26 September 2015
In the given facts, you have no claim on the property.
velmurugan
(Querist) 28 September 2015
Sir,
Need one clarification alone. Does a younger brother has a rights on elder brother property or not.Since their parents are expired before my fathers marriage.And there is no guidance to my father who is fully dependent on his elder brother since he was uneducated.
When they bought the land it was registered on my fathers's brother name since they remained the same family and even my father dosen't got married at that time.
And please don't get angry for the repetition of same query. I'm afraid of visiting the local lawyers with my poor knowledge.And just seeking your advise here.Based on your advises like to visit the lawyers.
Thanks.
Kumar Doab
(Expert) 28 September 2015
As per Hindu Succession Law the Brother is not ClassI legal heir.
Brother is ClassII legal heir.
If no ClassI legal heir is present, then only ClassII heir(s) shall come into picture.
In the above mentioned thread it is mentioned that a lawyer may have some strategy.
