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GK (ARTICLE)     14 December 2009

Property Dispute

Hi... I need ur advice on the below case:

One of my client has four brothers and they had two lands. Three brothers had share in 1 land and one brother had share in the other land. The three brothers have sold their land and have shared the money received among them. The land which they sold was under litigation but finally the case was won by their father. But during this time their father transferred this land in the name of his friend in good faith.But after this their father expired and the land remained registered in his friends name. But it was known to the whole village that the land belongs to the three brothers. The three brothers after having sold the land gave some money to the party who was in dispute with their father and gave in writing that the land doesn't belong to them and by mistake it is registered in their name. Now they want their share in the land belonging to the single brother saying that they didn't get any share in the other land. But the brother who is single had expired 15 years back and the land was registered directly from his father name to his sons( i.e. grandsons).Now the three brothers are saying that the land transfer is illegal. I want to know whether the transfer directly to grandsond is illegal? And noe the grandsons too have sold the land what action can be taken by the other three brothers against them? And what are the remedies available?



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 1 Replies

Y V Vishweshwar Rao (Advocate )     25 December 2009

1- Whehter Partition was affected between  4 father and sons - nature of parition document  ?

2- Whether it is  Ancestral or Self acquired proerty of father

3- Transfer in the nme of Grand son by Gift  Regd Deed  or -- ?

Particualrs to be considerd for conclusion on the issue !

 

 


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