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Aloysious Durairaj   08 November 2020

land dispute between siblings

My father has four sons. My grandfather register the land for my two older brothers when they were under five years old and before we were born. Do my brother and I, who were born after that, have a right to this land? Isn't it ?. What can we do to help lift our spirits?
Please guide me. it would be great help.
Thank you in advance.


Learning

 8 Replies

Advocate Bhartesh goyal (advocate)     08 November 2020

You and your brother have no right over the land.your grand father was absolute owner of land and as per his wish he transferred the land to your another two brothers.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     08 November 2020

AGREE with above Expert Advise.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Aloysious Durairaj   08 November 2020

I totally agree with you. There is one clarification. My father was not responsible those days, so that to secure the land. My grandfather registered on my elders but during that time we were not born.

My question is, it was registered for good will on them not because they deserved it. If my grandfather registered on my dad, my dad would have sold it that is the reason he registered on my elders. It doesn't mean that, we won't get access to it.

Please consider this point too.

 

Dr J C Vashista (Advocate)     09 November 2020

Vague facts have been posted.

It would be better to consult a local prudent lawyer

1 Like

Aloysious Durairaj   09 November 2020

1. Even if you are born after registration of land by grandfather in the names of your uncles you have right in that property, as the same is ancestral property.
2. Ancestral can be registered in the name of any family member, all members have equal rights in property. that is, even if it is registered in the name of uncles you and your father have right to share in it.

What do you think of it?

P. Venu (Advocate)     09 November 2020

What do you mean by "registration of land"? Is it that the property was purchased in the name of the grandsons or that settled in their names? Does the recitals in the deed ascribe any reasons therefore?

Aloysious Durairaj   09 November 2020

Thank you for the reply. Property settled into grandsons.

P. Venu (Advocate)     09 November 2020

Perhaps, this could be case where doctrine of advancement applies.
1 Like

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