How to claim right in the land the land bought in the name of eldest son by father?
2 years ago
Long back my forefather had six son. He purchased few piece of land on the name of his eldest son(commonly called jethwasi in Bihar). It was very common those days because younger son could easily claim his share in eldest brother. But few 10-20 years back my uncles from the eldest son side of my forefather took away a part of my share saying that if you want these shares you have to claim it an get from court. I am from victim side(younger son side). Kindly suggest me how to go for this case?
A.Hello
The practice of Jethwasi in bihar has been accepted by various courts. That the land purchased by father in the name of eldest son was a part of property which is to be divided between all the brother at the time of partition. I would suggest you you find a good civil lawyer and file a civil suit in order to get your share of the property.
Thanks.
If you find this advice helpful please rate.
The practice of Jethwasi in bihar has been accepted by various courts. That the land purchased by father in the name of eldest son was a part of property which is to be divided between all the brother at the time of partition. I would suggest you you find a good civil lawyer and file a civil suit in order to get your share of the property.
Thanks.
If you find this advice helpful please rate.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi
The practice of Jethwasi has been accepted by various courts through various judicial judgements. In order to get your property back you could file a civil suit but you have to find people who could witness that the land in the name of eldest son is part of common pool.
Thanks.
The practice of Jethwasi has been accepted by various courts through various judicial judgements. In order to get your property back you could file a civil suit but you have to find people who could witness that the land in the name of eldest son is part of common pool.
Thanks.
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A.Dear Sir, First collect all the evidences that the eldest son got such property by using joint family funds. Thereafter get issue a legal notice and then file a partition and each son will get one share each. It is very hard to establish such property was purchased out of the joint funds.
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A.When the land is bought in the name of a person then it becomes his self acquired property and he has the right to alienate the property having absolute power on it. But yes you are right that it was a practice in Bihar and Jharkhand where the land used to be bought in the name of the eldest son and then during partition it used to be brought in common pool. That being the tradition and partition being conducted at panchayat level was accepted by all ratified by courts later.
But in case of dispute you need people and witness to prove that it was the intention of the buyer to boring it in the common pool for division later. So, you can give it a try in the court of law. You may consult a civil lawyer on this and find out.
But in case of dispute you need people and witness to prove that it was the intention of the buyer to boring it in the common pool for division later. So, you can give it a try in the court of law. You may consult a civil lawyer on this and find out.
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