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3 years ago
Q.
agricultural land
my grandfather was 3 brother
say A - elder brother, B- My grandfather, C- younger brother
brother "C" is missing from 50 years and there is no update on him
brother A has 4 children's (son) , brother B has 2 children's (son) - my father and my younger uncle , if we distribute the land of "C" , then how it will distribute ?
Question-1:
1 - in 2 parts (A and B) - Both are not alive
Or
2- in six parts (4 children's+ 2 children's) - out of 6, 3 are alive
Question-2:
Or, if these 6 brother doesn't alive after few year then and they are having 11 children's total in next generation, then would this land divide in 11 parts?
Question-3:
if we don't distribute this land among shelf, could gram panchayat or government will acquire this land, government have rights to acquire this type of property?
if yes, then when already almost 50 year passed
Question-4:
How can we proceed for this case, file case directly to court or we have to register police comparing first, we are interested file case directly in court, could we do that?
Adv. Sarika Khude
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. The land will be divided into 6 parts.
2. Here, it would be divided into 11 parts.
3. No, it is your family's ancestral property, and not the government's.
4. Approach the Court directly.
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1. The land is to be divided into 6 parts.
2. Here it would have to be divided into 11 parts.
3. No, they cannot. It is your family's ancestral property.
4. You can approach the Court directly.
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Swapan Mukherjee
Responded 3 years ago
You have to file two cases. One for the missing of C for more than 50 years, and the other case of partition suit.
No, the government or panchayat cannot acquire this property.