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nikhil jaroli   13 August 2018

Family land disputes

Okay..this is my first question at KAANOON.com and with all hope that genius legal advisors reading my question can understand my situation. There were two brothers A & B. A got three sons as A1, A2, A3 & B got two sons and a wife as B1, B2 & B3. A3(after demise) got a son and wife as A31, A32. My question is with respect to B1 (who in this case is my father and he is facing property issue). There were two distribution took place in which joint properties of A & B were divided, after the demise of both A & B, in the presence of A1,A2,A3 & B1,B2,B3. Two legal heirs from both parties were given special presence importance and they were A2 & B3. Both the below distribution cases happened on stamp papers, they aren't notarised nor registered. At the end, it is also mentioned as a note that both the parties will help each other in completing their documentation (registration, name change, possession, etc.) works if and wherever needed. At first distribution of A & B, in which a land which was on the name of A went to B, against which A took another piece of property. Now B got the ownership of A's property. At second distribution of B's property, for which the legal heirs were B1, B2 & B3. As earlier, we discussed that a piece of property which belongs to A went under the ownership of B, and this property further went to B1(which in case is my father) and rest two (B2 & B3) took another piece of B's property. Now, years went by and B1 is asking A1, A2, A3 to give the legal possession, which they haven't given since distribution of A & B, of the property to B1 but they aren't helping and every time they are making some or the other excuses. As the property is in different state, all the A1,A2,A3 need to go there and make signatures to give the possession but they aren't going over. To which B1 suggested that A1 & A2 should make a power of attorney in the name of A3, and then A3 will go with B1 and transfer the possession to B1 as legal owner. But A3 also made excuses and power of attorney got lapsed in an year. After two three years, A3 passed away leaving his two legal heirs behind A31 & A32. Still B1 is asking for legal ownership transfer from A1, A2, A31, A32 and they aren't doing that. What should B1 do now? What should be the better way to sort out this problem legally? Please help B1. NOTE- From past few years, B1 has gone through very major operation and still facing financial issues and still he is fighting for his property.


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