Dharkast land (schedule caste) matter. Should it be divided to siblings
2 years ago
My father was granted dharkast land (schedule caste) 2 acres. And my father wished that he gives 20gante for his one brother(A) and 20gante for another brother(B). As it is the scenario of 80 years back, my father did not register any land to there brothers officially but give land to cultivate. Then my father's one of his brother(A) mortgage his land 20gunte to some landlord. Brother(A) stated that his brother was granted land of 2acres and I have been given 20gante of my partition and I wish that land to mortgage in e stump. Then once he couldn't able to return money back he force my father to don't let our land to go for other person you give money I will sell the land to your wife (my mother) and my father agreed and gave money to register his land back in the name of my mother E stump paper mentioned all details how he got his partition and why he is sell now. And as days gone my father expired his brother's(B) son was cultivating 20 gante. My father's brother (B) wife asked me to register 20 gante our patitation official and as my father wish I registered 20gante in the name of my father's brother (B) wife. Till now all scenario went well now my father's brother (A) elder son as registered a case in taluk court that the partition of land as not be done equally or proper as they received 2 acres of land they should have divided into 3 equal part but they have given only 20 gante to us and 20 gante to others. He as put case that it should be divided equally and we need our partition. But I have all documents the document what his father register in the name of my mother and presently the land is in my name I have all documents properly khata and RTC is in my name. Please suggest me a solution to fight against them. And please suggest what law says, does law say dharkast land should be divided or not. We good heartedly gave some land but now they have misusing us. Please suggest me
For very conclusive answer you will have to seek the help of local lawyer or the land and revenue department of your state to understand the characteristics of the darkhast land.
In general when a land or property is assigned to someone then it need not be divided among his siblings as that land would be considered as the self acquired property of that person, subject to the rules applicable for that state.