Re: Agricultural land dispute
23 Dec 2011, 12:41
mey father was central govment employ in pune for past many years he was in pune his netive place is jammu&kashmir now problem is that he &his brother has agricultural land wich was my grandfathers land in jammu wich my uncle was takeing care now when we asked him for equal share of land & house he wants to keep house as well as good land with him. my father is paralised from last 2 years i am his son i am working in pune. i dont know what to do please help me sir.
4 Replies
hey suresh…
from the outset i make it clear that J & K has different law .. as the state is empowered to frame its own rule as special status is provided to J&K as per Indian constitution… so plz check out the J& K state rules too…
coming back to your querry… in normal case it is presumed bylaw that one who take care of the agricultural land for a substantial time period then that land is deemed to be owned by him only…
but all central govt employee comes under the exception of this assumption… hence you can anytime plead before court that as your father is in service he could not take care of his land but now as he want to sell out the property , his brother has forcely kept the land under his possession..
if you have all papers in favour of your father ownership then ur uncle can’t be able to take a penny from the land or from ur house…
but in case its a ancestoral property & ur uncle is also shown as co-owner in that property then u have to pay him half… ( makesure u have written & registered will infavour of ur father issued by ur grand pa..)
i hope ur querry is resolved now
i am nt aware abt the j&K laws as local laws prevails in the land disputes. but if it is same as in punjab then u can always file the suit for possession by way of partition. your uncle can never become the owner of the land or the house just bcz he has been taking care of the land and the same happens to be in his possession. so take the legal action.
Hii
sirji thanks for your reply
Regards
Suresh Sharma
i have 3 uncles and my mom is the youngest of all… They all 3 have separated my mom’s granny’s land and each have 3.60 acres… my mom has 30 cents only she was married by the yr 1983…but according to the yr she got married it is said that she can bargain for equal share… the thing is she has signed and accepted for 30 cents… And apart from that land my family has other 2.50 acres.. in that land it is under one of 2 uncles and they have separate it for the other 3. All others except my mom got a share of 40 cents in that But my uncle is not letting it for my mom… And i dont have my father or brother for support. so he is trying to grab our land by threating us… Is there any possibility for me to move into court to get that land… Please do help me frnds…