RP
3 years ago
40 years back my father distributed his agricultural land at my native among three brothers almost equally. It was a oral distribution and we all 3 brothers are occupying said agricultural land as per oral distribution since last 40 years. We all have built separate homes and doing farming also in the allotted land since last 40 years. Now suddenly after 40 years, one of the brothers is asking for additional share in land allotted to me and under my custody for last 40 years. He has sent me legal notice for the same. What should i do now ? is it right that after 40 years he is asking share in the land which is in my possession as per oral distribution done by my father. My father is expired few years back. Kindly advise if i go ahead and fight the case.
Just contest a civil suit if any filed by your brother.
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Rajaganapathy Ganesan
Responded 3 years ago
Regards
G.Rajaganapathy
High Court of Madras
Sanjay Kumar Jha
Responded 3 years ago
You better reply with all facts and detail and also tha all three had have possession of such land and had not been any dispute till father was alive whereas just after his death this claim has been raise just bcz. of that father is not alive , if any one can confirm your such distribution then eg. Mother or any one of ur brother saying same as u are .
Thanks
SANJAY DUTT SHARMA
Responded 3 years ago
You can file a suit for declaration of title and partition, the Court will divide the property on the basis of your father's oral agreement, if your other brother testifies about the same. You can reply to the legal notice saying he has no right to claim your share as your are the lawful owner.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
If you father has mentioned the same in his will, you can use it as proof that the land belongs to you and not your brother. Reply to the notice stating you are the legal heir of your share of the property and as such, your brother is not entitled to claim it. Failing this, you can file a suit for partition or declaration of title, where the Court can decide the splitting up of the property on the basis of the way things have been for all these years.
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