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hardee (proprieter)     04 August 2010

ancestral agricultural property

My grandfather had been joint owner of a agricultural land along with his five brothers. One of the grandfather's brother for some reason was actually using the land and he transferred the land to his son Mr. A through the local village bodies.  Currently the property is in the name of  Mr. A. The other cousin brothers of this Mr. A are not owning any property and so are not farmer by law. 

The interest of other cousin brothers lies in getting the share in the land and thereby getting the  title as farmer. Mr. A has also agreed to include them in the property thereby giving them the title as farmer. The value of land in not significant but to get the title of farmer is important. 

Now is it possible that Mr. A includes his cousin brothers in his owned ancester land ? If so he has to include all his cousin brother which numbers around 11 or he can selectively include few of them ? 

please guide. 


 1 Replies

Chirag Bhatt (Lawyer Gujarat High Court)     08 August 2010

First of all transfering the ancestral agricultural property to  Mr. A by his father is illegal in the eyes of law so the activities done for the same property by Mr. A is illegal, He cant do so unless and until by matual consent the brothers of Mr. A had left their portion and get the same property transfered to Mr. A's father.

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