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ASHWINI Kr.   15 May 2023

writing to seek legal assistance regarding a land

Dear Mr/Mrs.

I am writing to seek legal assistance regarding a land dispute in my family. My grandfather, who is the eldest of three brothers and four sisters, had inherited land from his father that was verbally divided between brothers and sisters.

However, two of my grandfather's brothers took all the land and registered it in their names. Additionally, the four sisters also transferred their equal share of land to the brothers' names through an unregistered trade.

After all that, the brothers have given my grandfather a land in the jungle that is virtually worthless. We believe it is clearly a fraudulent activity and we would like to take them to court.

I would like some advice from you on how to proceed and what legal steps I can take to address this situation.

Thank you for the time and help.


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 May 2023

File partition suit consulting a lawyer.

P. Venu (Advocate)     15 May 2023

"had inherited land from his father that was verbally divided between brothers and sisters." Was the property partitioned by metes and bounds? When did this oral partition take place?

What do you mean by "two of my grandfather's brothers took all the land and registered it in their names"? Is it that all the lands which belonged to the great-grandfather had been regisered in their names in the Revenue records?

What do you mean by "the four sisters also transferred their equal share of land to the brothers' names through an unregistered trade."? What is "unregistered trade"? Are the sisters disputing the alleged transfer/relinquishment?

"the brothers have given my grandfather a land in the jungle that is virtually worthless" - when did this take place? Is this property registered/recorded in the name of the grandfather? Is your grandfather alive now? How was the property used? 

"We believe it is clearly a fraudulent activity and we would like to take them to court." - Who are "WE"?

 

T. Kalaiselvan, Advocate (Advocate)     16 May 2023

It appears that there was a partition either by a registered or unregistered deed or an oral partition.

However if your grandfather is aggrieved over the issue, he can file the suit for partition seeking division of property equally with metes and bounds, good and bad soil.

 

Dr J C Vashista (Advocate)     16 May 2023

File a suit for partition, possession and mesne profits through a local prudent lawyer.

ASHWINI Kr.   16 May 2023

for ease in understanding i will refer my grandfather's two brother as A and B and sisters as W X Y Z respectively 

Was the property partitioned by metes and bounds? When did this oral partition take place?

-not really my great grandfather divided all lands which he had all around the city to three sons(my grandfather and A B) he didn't mentioned daughters in all of this but after he passed away daughters(W X Y Z) demands for equal share in which my grandfather been the oldest agrees to all and thenafter all were using there part of land . (that oral partition took place around that time when great grandfather passed away)

Is it that all the lands which belonged to the great-grandfather had been regisered in their names in the Revenue records?

-till now all lands were in the name of great grandfather but now they(A B) have registered it in there name

What is "unregistered trade"? Are the sisters disputing the alleged transfer/relinquishment?

- here what I meant with "unregistered trade" was that all daughters showed that they gave there land in love and affection (which is written in papers)but actually they(daughters W X Y Z) got money,cars,one of there son was in jail and just after registration day he was released this all was done by two brothes A B.

Is this property registered/recorded in the name of the grandfather? Is your grandfather alive now? How was the property used? 

-no, they(A B) have registered all land onto there names but left one piece of barren land which is not ideal for farming or building house in the name of my great grandfather, which is most probably for my grandfather but can't say right now why they(A B)left this land. And yes my grandfather father is alive he is in his late 70's.

Who are "WE"?

-this WE would refer to my grandfather father and his son and daughter and there family. also let me add he is my maternal grandfather.

(added) my grandfather had no idea of what there brothers (A B) are doing. till registration he had no idea. there were some people who gave some hints to my grandfather what there brothers(A B) are upto, but my grandfather didn't took any action.

my grandfather was always in equal sharing of all inherent properties between all siblings but they(A B) wanted to took all/most of them.

| hope this would had answered most of your questions if not then i can reply you again in more detailed manner|

Thank you

 

P. Venu (Advocate)     17 May 2023

"not really"! The querist himself is not sure of the facts>

All that could be stated is that on the demise of your great gradfather, the property is jointly vested with all the legal heirs. A mere entry in the revenue records do not create, destroy or alter rights and title to the property.

So also, any family settlement, other than a Will, during greatgrandfather's time ought to have been based on a deed, duly executed and registered. 

However, an oral divison of the intestate property by mete and bounds is binding on all the legal heirs. All the legal heirs ought to be involved in the said partition. However, any relinquishment ought to be through a registered deed.

Your grandfather can file a suit for partition. 


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