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2 months ago

Hi Sir/Madam, Please help me on below.

Our family owns a piece of agricultural land in Andhra Pradesh. An agreement was made among my father and his 2 brothers, clearly stating that the land belongs equally to all three of them. However, two of the brothers have since passed away, leaving only one surviving. The first brother, who is no longer with us, had registered the land solely in his name, and it has now been transferred to his own son. We are now seeking guidance on how to enforce the original agreement to ensure that the land is fairly distributed among all three family. What is the proper procedure forĀ achievingĀ this?

Anik

Responded 2 months ago

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A.Dear Client,

Determining the appropriate legal remedy for land ownership requires knowledge of the mode or source, whether through inheritance or self-acquisition. Without this information, ensuring a suitable legal recourse is challenging, as property ownership pertains to specific individuals or joint owners. In the case of both ancestral and self-acquired properties without a will (intestate), distribution occurs among the surviving legal heirs of the deceased owner. Family agreements, even if unregistered, can be enforced through a civil suit seeking specific performance under the Specific Relief Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Until and unless, mode or source of ownership of the land( i.e, either by inheritance or self-acquired) by a family as written in your query is known, the suitable legal remedy cannot be ensured because a title or ownership of the property belongs to a particular person or persons (in case of joint ownership). Both ancestral property or a self-acquired property if left intestate i.r, e without any will, is equally distributed between the surviving legal heirs of the deceased owner. The terms of a family agreement, even it is unregistered can be enforced through civil suit seeking specific performance under Specific Relief Act. Reach out to Advocate with property papers for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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