Share in purchased land in hindu undivided family
subhash chandra
(Querist) 14 December 2011
This query is : Resolved
Dear Sir ,We are five brother ,one brother was separated during father"s time. My mother &my four brothers were in a joint hindu family up to 03.08.2007. In joint we have purchased agriculture land in 1998,2002,2006 but i was not there at the time of registry therefore my was not appear in land record. Our family separated in 03.08.2007.we were in good faith our all agreement had done in front of our society ,this agreement was oral and then written on plane paper and signed all four brother &two villagers .
we have decided that "Ancestor & PURCHASED LAND WILL BE EQUAL AMONG FOUR BROTHERS "MY THREE BROTHER AGREED THAT TIME ,but after some time they refused to give my share in purchased land Can I file a suit in SDO office
adv. rajeev ( rajoo )
(Expert) 14 December 2011
You can file the suit claiming your share, but it requires good drafting of the plaint.
Raj Kumar Makkad
(Expert) 15 December 2011
Good or bad drafting is not a major issue. The real issue is whether the purchased property was out of joint Hindu family corpus money or the individual of the persons named as owners in the registered sale-deed.
This question is very vital and if you are confident to prove it in your favour then should definitely agitate otherwise there are bleak chances to be successful in this game,
Guest
(Expert) 15 December 2011
Agree with experts.
Shonee Kapoor
(Expert) 15 December 2011
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 18 December 2011
The agreement entered in to is not legal as it was not registered at then.
A suit can be filed for declaration of your rights as owner in the properties purchased in court,even if one brother supports your suit as defendant,your chances of success in the suit would be brighter;otherwise you shall have to prove that the family was joint and all purchases made up to 2006 were joint purchase of all in which funds were contributed and advanced by you and it should be supported by some evidence as mere averments in plaint in this regard would not be sufficient,some solid evidence would be required.The agreement can serve the purpose of collateral evidence and witnesses there in would be relevant for such an oral accord.
Dr J C Vashista
(Expert) 20 December 2011
Declaratory suit in Civil Court will be advisable, where you are to prove your averments that the properties were either ancestral or purchased from joint family funds and definetly you shall have your share.
