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Samantha Srini (HR Manager)     21 June 2014

No huf partition declared in the family, there is no relief

Sub: No HUF Partition Declared in the family but there is a Relief  in Land Acquisition Case for few members of the family.

Dear sir,

I am Mrs Samantha from Kakinada and now presently at Boston, USA. We are 3 Sisters 3 brothers.

My Elder brother filed a case against the GOVT in regards to the Land Acquisition for about 6-7 Acres of Land which was acquired by GOVT for poor.

The compensation was minimal in lower court so the same was filed in the high court for more than about 10-15 yrs which is unknown to us till the final declaration at high court happened. My elder brother died and my father is also no more. We had no partition executed among our brothers and sisters in the Ancestral properties. What so acquisition happened though is on my elder brother's name, it is non but from the ancestral property only. My mother and other brother's are at loss, do there any means of justice at this point time. 

Since no one is having any idea about this since my other two brothers are uneducated and have no knowledge about the same, my sister-in-law is clever and she is trying to grab all the benefit without sharing anything to the other members of the family. 

Please do help us in giving suggestion so that we can follow up the case in best of interest in the rest of the family members.

 

Regards,

Samantha Srini



Learning

 3 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     21 June 2014

No doubt, all the co-owners are entitled to get compensation awarded on acquisition of land. The granting of compensation infavour of one co-owner without determining the non-entitlement of others, doesn't mean that he alone is entitled for the entire compensation amount. Whereas, he would be considered as representative of other co-owners and his role is like a trustee.


Normally, Land Acquisition Tribunals will determine the quantum of compensation and issues involved with land acquisition proceedings. No tribunal or quasi judicial forum can determine or declare the title owner of an immovable property.


Therefore, the other co-owners also legally entitled to get their respective shares on  the compensation amount from your elder brother's legal heirs.




Samantha Srini (HR Manager)     21 June 2014

Thank you madam, 

Can we file petition before the EP is filed in the lower court or do we have to approach the High Court or do we have to file a case after my deceased brother's legal heirs receives their compensation from the court.

T. Kalaiselvan, Advocate (Advocate)     25 June 2014

First of all, obtain the certified copy of the high court order, file a partition suit against your sister in law before the lower court claiming your share in the amount allocated through high court as compensation to the acquired land in favor of your sister in law and also an injunction application restraining the authorities to dispose the sanctioned amount being dispersed before the disposal of the present suit.


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