Property division

Querist : Anonymous (Querist) 07 October 2020 This query is : Resolved
Sir,
We have lease land in which we have a house and some area is left behind. My father has passed away 21 years ago and mother is alive but my brother had made all leased land in his name everybody near people know that we have share in that land please suggest me something.

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This discussion addresses a query regarding inheritance rights on leased land where a house and surrounding area exist. The original poster's father passed away 21 years ago, and their mother is still alive. The brother has since transferred the leased land into his name, despite the family and neighbours acknowledging the poster's share. Advice suggests that if the land was ancestral or the father's property, the poster has a claim. Options include seeking an amicable solution through relatives or friends, or pursuing a partition suit in civil court after sending a legal notice, especially if the brother acquired the land improperly.

SHIRISH PAWAR, 7738990900 (Expert) 08 October 2020
Hello,

If the property is the self-acquired property of brother then you cannot any share in the property. However, if the property is ancestral or father's property then you have claim over the property. File partition suit in the civil court.

Rajendra K Goyal (Expert) 08 October 2020
It seems the property belonged to your father, since expired. If so, you have share in the property.

Try to have amicable solution. Take help of relatives, family friends.

If not possible, discuss with local lawyer and file case for partition after sending legal notice.

P. Venu (Expert) 08 October 2020
How your brother has made the land in his name? Who is the lessor?

Dr J C Vashista (Expert) 09 October 2020
You are misconceived since a lessee can never become titleholder / owner.

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