Family land dispute

wadkar (Querist) 18 July 2015 This query is : Resolved
My father(Baburao) has four brothers and he is the eldest of all. My father's father(Dagadu) died in 1973. Before his death, Baburao got separated from his brothers.In 1974, the nomination record of land property mentioned Baburao as the head of family(karta). In 1975 some part of the land was acquired by government of Maharashtra (Satara,Wai) for Dhom Dam project.Government paid for the land acquired as per their rules. Baburao gave the power of attorney to the second brother(Sadashiv) on behalf of all brothers.This power of attorney contained following things:
1. Accept the payment from government
2. Reuse the same money for getting another land from government

But Sadashiv accepted the money and didn't deposited any money for getting another land from government. Now,Baburao bought a piece of land from his own money in around 1995. Now the other brothers are asking for a part in this piece of land. They are doing this on the basis that Baburao is head of family(karta). We won this case in Diwani Court at Wai Taluka. But they have again applied to District Court now. Baburao has died, but I am still fighting for this land.

My question is that "Can Baburao be still considered as head of family?"

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Advocate Ravinder (Expert) 19 July 2015
No, Baburao is not considered as Karta of the family. You said that before the death of Dagadu, all the brothers were separated. On the date of separation, Baburao stepped down from the post of karta. That is the reason you have won the case in Diwani Court. Through your uncles have filed appeal, no need to worry, You will win the case again. Your deceased father, Baburao is entitled for 1/5 share of the ancestral property of Dagadu (Father’s father).

Regarding compensation amount, all the brothers can file a case against Sadasiv for recovery of amount along with interest and damages. You can also file criminal case for cheating.

wadkar (Querist) 21 July 2015
Thank You so much for the info :)

wadkar (Querist) 16 August 2015
Hello Sir,

I need some references of similar cases of Mumbai High Court. This will be helpful for me for winning the case.

Thank You. :)