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Author Topic: Land Dispute  (Read 665 times)

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Offline rl123

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Land Dispute
« on: May 20, 2016, 11:58:01 PM »
Dear All,

I need urgent advice for something which has been pinching our family since some years.

My Grandfather passed away 7 years back, He had 4 children, 2 daughters, 2 Sons out of which one is my father.

My father had paid for most of the land which he had brought in our village over the years but my grandfather had brought it in his name and my father did not mind as things were all good between all the brothers and sisters.

When he passed away, my fathers brother started acting all funny and started sowing the land there and would not give us our share of the money, neither the sisters. Since we were quite well off then and he was not, we somehow were okay with that.

Over the years, our financials deteriorated and we started demanding our share for which he would say 'I won't give, you can do whatever you want'.

So my father and his sisters remained in good terms throughout as the evil one had turned out to by fathers brother and all of us stopped talking to him.

Finally a year back, the sisters agreed to forgo their share in the property as long as the land was divided between the brothers equally. My dad's brother agreed that as soon as the land was transferred to my dad and his name, we could start the proceedings for divining the land between the two and go on our way.

The house that he lives in at the moment is also on the grand fathers name, so is the factory that we owned, so as soon as we the sisters signed for the land he came up with this condition that sign the house and factory over to me too otherwise I will not divide the land amongst my dad and him.

He started farming on it too saying and my dad objected to it saying 'No Farming anything till the land is divided' but since the land is in Gujarat, he appointed the guy who usually sows the field and its a yearly contract system there in which you cannot remove the person who is sowing it from in between the year. So my dad let that continue until now when the year ended.

Now he went to Gujarat and told the guy who sows the field that if you start again there will be a police case as well as a court case.

All we want now is our land back. Its worth a lot and its ours. By wanting our land back we want our share but the brother is not ready to sign on it citing either sign the house on me  as well as the factory or I won't sign. In between he called and threatened us too ( mom dad and me) that he will pass a rod through us if we don't stop asking the Farmer to stop farming on our lands.

How can we just hand him over everything, it needs to be equally divided but at the moment we want our share of the land. The house and Factory we will deal with later. He is quite dependent on the income from the farming for his life and we want to stop all that so that he runs out of income and is more negotiable. We have lost our patience.

Lawyers are expensive, I am the only earning member in the family right now so can't really afford those high fees.

How Do I go about with this.

Kindly advice.



Offline rl123

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Re: Land Dispute
« Reply #1 on: May 21, 2016, 07:05:09 AM »
Anyone ?

Offline adv.amarnath

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Re: Land Dispute
« Reply #2 on: May 23, 2016, 07:57:13 PM »
Being a Lawyer I am saying that these days getting justice is must costlier. Lawyer's are also demanding high fees. Now, what you have explained, it is not possible for anyone to tell you in details until you agree for fees. You have an option to go for District Legal Aid service where you will be given a lawyer who will do your case at much cheaper rate. You can contact me also so that I can chalked out the legal guideline under consultation in details.

Amarnath Sanyal
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