Can anyone claim elder brother properties
vineet
(Querist) 16 November 2015
This query is : Resolved
my grandfather death in 1958, at the time of his death my elder uncle is 14 year old ,my second uncle is 10 year,my father is 6 years old, my father has three brothers only. after my grand father death my elder uncle is honour of all family from that time . after some years my elder uncle purchase four acre land in villege between 1967-77 from his own name. this all properties bought between 1967-77 in few parts , at the time of purchasing this properties my elder uncle age is 23-33 my second uncle is 15-25years ,my father is 13-23 years (minor),this all land used by my all uncle equally till 1992 with very peacefully .after that suddenly
my elder uncle and his sons told it is my land only..... because in document paper my father name only. and they captured all slowly. then may father and second uncle registered a case in court against my elder uncle in 2001 in district court hajipur bihar. my father and my middle uncle told in that properties they have also right....in that properties.....
what is the future of this case pls guide me
MY ELDER UNCLE BASICALLy FARMER USE all parential land for agriculture.
he not done any govt, pvt job.
IT is true my elder uncle purchase this all land from hindu undivided family incomes.
BUT presently my elder uncle denies thruth..
he said in court he bought all land from his self accuried income.
he said false in court . but i have lack of evidence to prove it....
which type of proof help me to win the case ...pls help me
P. Venu
(Expert) 17 November 2015
The matter is a question of evidence as to how your uncle had the funds to purchase the property.
Anupam Lahiri
(Expert) 17 November 2015
How you are going to contest the claim? Your elder uncle has purchased land in his own name. It would be presumed that he had purchased the same out of his income.
However, you are at liberty to adduce evidence as to how he had purchased the property-may be out of joint family fund.
At this point of time, it would be prudent to make partition of the estate of deceased grandfather in which each of your uncle is entitlted to one-third share.
Rajendra K Goyal
(Expert) 17 November 2015
The property is of elder uncle and other have negligible merit for their claim.
K.S.Srinivas
(Expert) 17 November 2015
As the property is in the name of your elder uncle, either your father or your second uncle have no claim on it.
vineet
(Querist) 03 June 2016
finally district court passed preliminiary decree in favour of my
after this opposition party appealed in higher court again.
then
i can proceed final decree or wait till appeal result
