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Dispute over ancestral property between brothers
28-Mar-2023 (In Property Law)
This problem is faced by my dad as the property is in his name. my grandfather made a WILL and all his property was divided equally among my dad and his younger brother ( 30 yrs back), from the past 30yrs we are paying the land tax and we have the receipt of the same. but one farm land 12 cents ( 6 cents to my dad and 6 cents for my dad's brother ( we are paying land tax for this 6 cents from the past 30yrs). but there is no partition line, now when my dad want to have a fence in that land my dad's brother is not allowing to do so and taking the fence off. whenever we try to do so he is abusing us and turning hostile. what can be done on this issue as we have the WILL the land receipt and everything needed to prove that its our land. please advice me as this in turning out to be very annoying as if there is no law. I request you to please find me a solution.
As the property is not partitioned yet, your Dad's brother also will have the right over the property. Paying land tax will not confer any right to you. The only possible solution with regard to this matter is to file a suit for partition based on the will.
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Adv. Aravind Sasikumar
Ernakulam | 25+ Answers
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The facts posted are incomplete and confused. Please provide the complete list of properties and how they have been mutated in revenue records. Perhaps, the the property of twelve cents is still to be partitioned. If so you can file a partition suit.
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Adv. P Venu
Vaikom | 500+ Answers
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With the documents of the property, apply to the revenue authorities to measure and demarcate your property. they will do it , and your property's boundary will be marked by them. Your uncle has to agree and abide by the boundaries fixed by revenue authorities.
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Adv. Sasidharan Nair M N
Ernakulam | 25+ Answers
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