Dispute between sister and brother on gifted property

592 votes

Respected Madam, It is quite interesting and complex issue. At the out set, is not not stated whether your mother executed any gift deed or Will deed in your favour. Strangely, you have stated that land was not registered in your name and still you do not know whether land is in your parents name. You need to obtain following required documents from revenue authorities ie., 1.Faisal patti, 2.Wasool Bhaki, 3.ROR 1989-90, 4.Setwar, 5.ROR 1979-80 6.Sesala 1955-58, 7.ROR 1-B Extract, 8.Land use Certificate, 9.Survey Report, 10 Pahanies Upto date 11.Encumbrance Certificate. You cannot sell the land to third parties without you getting title since you cannot bettar title to buyer than you possess. You have approach M.R.O for change of your name in the revenue records. Ofcourse, you are coparcener in ancestral property and having right of share under Hindu Succession Act. As your are informing that your brother claiming the land and cultivating, you need to file suit for declaration of your title and recovery of possession of the land and also for mesne profits and costs. However, it is open for you to approach lawyer for legal advice to file the suit before Court of law.

Advocate Peddireddi Kalyan Rao LawRato

854 votes

Recently we planned to sell that land to third parties.At that time one of my brother came and objected that the gifted land is mine and cultivating that land without my consent.Remaining three brothers have signed on the bond paper mentioning that the land was gifted and belongs to me.So how to protect my land?Where should I complaint whether in police station or MRO or Court?

A:-initially you can approach MRO office and check that land on who's name and patta , present phani(land occupancy certificate ), if the land on your mother's name you are entitle to get that property, and you have other brothers signed document so you may approach police for on the grounds of cultivating with out consent and trespassing by one of your brother.(object person).

Advocate Yadagiri Mailaram LawRato