Legal Question in Real Estate Law in India
Joint cultivation property dispute
My father and his brothers were farmers. They purchased farming lands jointly. These lands are in different locations of the same village. At a certain stage they mutually decided to manage the cultivation lands individually. Hence they did a verbal partition on all the property. The partition was based on property location and size. That is brother 'A' took 3 hectar of farm-land in remote place. Brother 'B' took 1 hector of farm-land close to highway. Brother 'C' took 0.25 hector, a ''Well'' and a Water Pump set. Based on their verbal agreement they were enjoying these properties for 20+ years. All the brothers were died ten years later. Their children were following the same verbal agreemnt until recently. For last 10+ years we were respecting our father and his brothers verbal agreement. Now, childerns of brothers ''A'' and ''C'' wants to sell all the farmlands+Empty ''Well''+damaged Pump Set. Then divide the amount equally between 3 brothers families. As a son of brother 'B' I feel this is unjustified. All the 30+ years my father (brother 'B') was harvesting only 1 hector while brother 'A' was harvesting 3 hectors. Brother 'C' was profiting from water-supply during those peak 20+ years. Am I right to own 1 hectar land?
3 Answers from Attorneys
Re: Joint cultivation property dispute
The proposal putforth by your cousins of disposing of all the lands and share proceeds thereof equally appears to be fair. Hairsplittings proposed by you may lead to prolonged litigation - from which whether you will be benefited or not can not be ascertained from facts given by you.
Re: Joint cultivation property dispute
Dear sir,
Before going to know your right over the property it is very much necassary that the entries in the revenue records for all the properties and more perticularly the land which is in your possession.
There is no dispute until unless any one of you (Children of A B C) dispute the verbal patition done by your fathers.
for appropiate legal action to retain your part of land please revert to me with revenue entry details along with your family tree ( please mention the religion you follow).
My contact details:
Mailing address
Panduranga Acharya,
J& P Associates, Advocates & Solicitors,
No 43, 1st floor, Siddappa Complex, Mudalapalya, Near Vijayabank, Nagarabhavi main Road, Bangalore 72. mob: 09886742609.
Re: Joint cultivation property dispute
Before answering your question . It is necassary to see the entries in the revenue records. As you have stated that the system of verbal division was continuing between brothers A B & C for 20 years. I such circumstances it becomes rather necasary to have the relevent reveneue entries of the all the lands. Please get hold of the same and revert. Rajiv Nanda Advocate Supreme Court of India. H-127, Shivaji Park, Punjabi Bagh, New Delhi-26. mobile 9810048686. [email protected].
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