• Family agriculture land issue

Hello Sir / Madam,

we have a Agricultural Land - 6 acers Register land officially in Kadapa , Andhra Pradesh on Name of My Mother , she having a 3 son's , i am Big son who writing this mail.
 
My Mother expired on 2016 , but the problem was before expiry my mother , my second brother registered his wife name 4 Acers of Land ( 2 acers of my 2nd brother share + 2 acers (my 3rd brother sold to 2nd brother , there is signed my third brother and my son's signature ) in 2015 .

Finally i want register remain 2 acres of land to my name , but revenue department asking Affidavit like No objection sign from My 2nd Brother and 3rd brother .

But they are not willing to sing of Affidavit , we did counseling within relatives , but still they are not ready sign and they asking money + 15000 liability did my son but we cleared with full settlement (while taking and clearing there no bond and no writing letters ).

So can you please help on this to get out from this issue .

what i need to do , if legal processing how much cost it include and how time takes court to settle this .
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1)during your mother lifetime the sons had no share in land

2) your brother could not have transferred 4 acres of land in his wife name

3) your youngest brother could not have sold his share to your second brother as during mother lifetime he had no share in land

4) file suit for partition to claim your 2 acres of land and also seek orders to set aside transfer of balance 4 acres of land

5) you need not pay any money to your two brothers

6) also seek injunction restraining sale of 4 acres of land by your sister in law

7) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Suit would take 15 years to be disposed of

2) transfer of land hadcti be done by your mother and not by brother

3) it is necessary to peruse transfer documents cited by you to advise further

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Q. my second brother registered his wife name 4 Acers of Land ( 2 acers of my 2nd brother share + 2 acers (my 3rd brother sold to 2nd brother , there is signed my third brother and my son's signature ) in 2015 .

A. this transfer is invalid because your son has no right to transfer your share through his sign. you should file a case before the registrar for cancellation of registration. it will hardly take 2 months to decide because in life time of father, his son cannot transfer his father's share. prima facie case in in your favour. no additional information/document is necessary.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

no curt fee is applicable in proceeding before the registrar. if you file civil suit for cancellation of this deed then court fee shall be applicable and it will take many years to decide. registrar also has judicial power.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

So can you please help on this to get out from this issue .

what i need to do , if legal processing how much cost it include and how time takes court to settle this .

If they do not agree to give NOC, then you may state all the facts and issue legal notice calling them to give NOC for mutating the revenue records to your name.

If they do not cooperate even then, you may approach court of law for necessary relief and remedy to this situation.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

so at least can i know how many years it's takes , to clear above issue in court .

Because Land value is very small , and that to we are new to the court facing .

Such issues may take more than 5 years for disposal.

You cannot help waiting and going with the court proceedings or else you may have to lose the property itself.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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