Piyushkumar (PhD student ) 07 May 2012

Agricultural land dispute

My grandfather left 24 "Bigha" agricultural land, now 6 "Bigha" each is on the name of their 2 sons (my father and uncle) and 12 "Bigha" remaining is on my grandfathers name and he died including his wife. Now in total land does not have same fertility, some has stones in it. So I would like to know, if we want to distribute it equally among 2 sons then how can it be by law? Is there any law to distribute based on fertility or its based on area only?

After the death of my grandfather based on family discussion it was distributed like these: 12 "Bigha" to my uncle with all good fertility and 13 "Bigha" to my father including less fertile with 4 witness signed on stamp paper.

My uncle is unmarried and alone and he is handicapped (polio in one leg), He often tortures my parents saying that he does not want such distribution, and says I will not live and let you live. So He is planing to file a case in a court saying that He is helpless and land was taken from him by force and also he is tortured mentally.

So I would like to know whether he can file such case even though the land is distributed on stamp paper in presence of witness. Can he file the case of helplessness or mental torture? My parents never talks to him because of his bad nature.

I would be very thankful to you.

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4 Replies

S Jadhav 98336 98330 (Jadhav & Associates) 07 May 2012

You have stated that the land was divided as per a stamped agreement but have not stated whether it was registered.

In land matters only a duly stamped and registered document is considered evidence. If you have a registered document then you could have also proceded to get the 7/12 in the proper names (you can do even now ).

Your uncle (or any person having interest in the property or the dispute ) can file a case but the case will be won by the person who has the facts in his/her favour.

S Jadhav

Piyushkumar (PhD student ) 07 May 2012

Thank you very much sir for the reply.

Registration is as follow:

6 "Bigha" each is on the name of their 2 sons (my father and uncle) and 12 "Bigha" remaining is on my grandfathers name. After the death of my grandfather n mother it was agreed on stamp paper with 4 witness but not registered.

According to low how the agricultural land are distribute? based on fertility or erea?'

S Jadhav 98336 98330 (Jadhav & Associates) 07 May 2012

Since the deed is not registered (even though it is stamped), your uncle can ask for a division again. It is advisable that you settle the same through proper discussions and this time register the agreement.
i.e. you carry out the division again in a manner acceptable to all of you.

In case you do not settle it amicably, your uncle may file a case for a division.

However, is is not legal for him to torture you or your parents. You may file a police complaint for the same and follow the procedure as required.