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Legal service India => Property laws => Topic started by: Rahul2209 on January 03, 2018, 05:24:19 AM

Title: Division of agricultural land
Post by: Rahul2209 on January 03, 2018, 05:24:19 AM
Sir,
My grandfather has three sons.in 1971 my grandfather bought a agricultural property in the name of my eldest uncle.he intented this property for all three sons but has not left any written will.what is the share of my father and younger uncle legally.
Also my eldest uncle has passed away and my aunt and my cousins live along with us
Title: Re: Division of agricultural land
Post by: advjaibansal on January 06, 2018, 06:08:23 AM
Dear Sir,

The property may be divided in 33/33/33 ration between three brothers if all agree to the same. The uncle who has expired, his share will go to his legal heir. Rest the division of the property can be done as per wishes of the parties who wants to divide the property. The legal formula is the divide equally if all the parties are agreement. however, one may take more or less too, depends on the mutual agreement between the parties.

Regards,
JAI BANSAL, ADV.
Supreme Court OF INDIA
New Delhi, 9868566649
bansal.jai@gmail.com
Title: Re: Division of agricultural land
Post by: kalaskarkk on January 06, 2018, 08:08:05 AM
Dear Sir,

1. It is very tough to establish that it was not self acquired property of your eldest uncle since it was purchased in his name, unless he was a minor at that time.

2. Naturally the eldest uncle claims as that of his self acquired property.

3. Any way you must find out strong evidence to show that eldest was not having any source of income during 1971.