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Durai (Sales Manager)     12 January 2011

Advise Required

Dear Respected Friends!

I thank you in advance for reading my query and requesting you to suggest a solution.

I am a native of a village near Tirunelveli district, Tamilnadu.My grandfather had 7 sons ( including my father) and 2 daughters, he had divided his agricultural land about 20 years back to his sons only ( in our village ladys were not given any share of lands due to our long traditional paterns). But the partition happend by mutual agreement between them and unfortunately it was not registered in registrar office.

3 of my father's brothers sold their share to one thrid party about 5 years back. Now the third person is creating lot of problem in sharing of well water and diesel pump. he also claiming the 3 brothers had sold their shares to him and the pumpset is falling in that land so other 4 cannot claim any rights.

By seeing all this problem we approached him  to purchase the sold share but he is not ready. i am requesting your views that iwhat we can do legally to stop his claim for the pump set . And Can we grandchildrens file a case to buy back the sold land from that third party?

i sincerly look forward your replies.





 4 Replies

abhijit chattopadhyay (Sr. Consultant)     12 January 2011

Yes You can buy back by filling a suit for pre-emtion, for more details pls write to: chattopadhyay.associates@gmail.com

SRISHAILA.DHARANI (Advocate&consultant)     12 January 2011

Dear Dorai,

First you check the sale deed executed by your father.s brother to the third party, and also check, whether in that sale deed, any thing mentioned about the usage of the well water.If it is not mentioned, then he can not use that well water.

Prior to that , pls check, whether in the partitrion agreement, about the usage of the well water and how it has to be used, among the brothers.

Lastly, you can a file a suit against them.

srishaila, bangalore, 9741425514, sdharani120@gmail.com

R.venkatesh Naidu (.)     12 January 2011

i agree theSrishila.Dharani's pleads.

Durai (Sales Manager)     24 January 2011

Dear Mr.Dharani

Thank you for your advice.

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