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soumya_1985 (PhD Scholar)     04 February 2011


Respected forum members. I m from Guwahati, ASSAM. The propert dispute is something like this.  My father has 3 brothers 'A', 'B' who are elder (A being eldest) and 'C' who is younger. My dad used to work in someother state in India and 'A' used to stay abroad. My father and 'A' used to send money to their brothers 'B' ( he had no Bank account so the money was sent in the account of their mother) in the year 1982-83. He bought land and built a home on his name and told that he had intentions of putting the property on every ones name. But when my father and his brother 'A' returned back to the native place he moved to other place and never did the transfer. Another important thing that i am adding is that the brother 'B' didnt have enough income as he used to earn a salary of Rs 200 per month, so that he cant prove that he can pay buy himself. Now he is planning to hand over the plot to a local promoter. I want to know is there any legal action that can help us wid or atleast put a long duration stay on the start of construction.Please help



 3 Replies

Akhilesh Kumar (Legal Counsel)     05 February 2011

Dear B has purchased the land on his name and that was not ancestral property then obiously it is complicated but still they (A & C)can file Title suit..and/or for partition.


Akhilesh kumar 

soumya_1985 (PhD Scholar)     05 February 2011

Thanks akhilesh for your reply. I also want to add that the brother 'B' left home and stayed at diffrent  place in 1988. After that for few years a brother stayed and then from 1994 we are staying here. He has got electricity bill and khajna (tax for land and home). We have water supply bill and telephone bill on my dads name.Please can you shed some more light in this regard



Akhilesh Kumar (Legal Counsel)     06 February 2011

Dear... Please clear your intention that what actually do you want?

See.. according to my knowledge there is only remedy to file a title suit before the Civil Court for the declaration of title and if seeking partition in the property then Partition suit.But I must mention here that one can not give proper opinion without knowing all the facts and circumstances,property details and the family tree. ttarget='_blank' rel='nofollow' hrefore it would be better for you to take advice from a lawyer of your locality or if want then consult me on phone or come to Delhi with all the details.

Akhilesh kumar


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