• Is Inams Abolition act 1957 /section 6A granted land has right to share my brothers?

Sir, i am Rajanna archak, LRF/ INM ..ON 1981-82. IN THE COURT OF LAND TRIBUNAL,ANEKAL,under Inams Abolition act 1957 /section 6A ,got occupancy right. i have all records clearly.
 but now my brothers are clime on this as joint family and ancestors property. we are also equal share holders.
1.my grand fathers willed his both properties(owen and temple related) to only his daughter( my mother)
2,in 1981-82 i applied the temple agriculture land for grant...ok granted and positioned till now,(from 1961 to 2017)
3.i only living in this town jigani land by child, my 2brothers(younger and elder) are in bangalore residents.we are not divided yet, other grandfather's one land(continuing his name only)
4. running 11th year,,now time for judgement... what can i do best... support docs to submit.
SR. CIVIL JUDGE AND JMFC, ANEKAL
Case DetailsCase Type : O.S. - Original Suit
Filing Number: Filing Date: [deleted]
Registration Number: 1053/2007Registration Date: [deleted]
CNR Number: KABR[deleted]
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

1. You will win the case.

2. It requires lot of pains to understand.

3. Please visit my office in Bangalore and solve your problem.

4.Submission of written arguments are necessary analyzing the laws in Karnataka.

Kishan Dutt Kalaskar
Advocate, Bangalore
6246 Answers
501 Consultations

On mother demise you and your siblings have equal share in property standing in name of deceased mother

2) it is not ancestral property but your siblings have equal share in the property

3)question as to whether the occupancy or tenancy is individual or joint family tenancy falls within the domain of the Civil Court and the competent authority under the Act is not competent to pass a decree for partition and it is open to the Civil Court to go into the question and when tenancy right has been conferred upon a member of the family it is open to the other members to contend before the Civil Court that the said tenancy is joint family tenancy and the plaintiff is entitled to partition and separate possession of the share of the plaintiff in the said property.

Ajay Sethi
Advocate, Mumbai
99992 Answers
8162 Consultations

1. If the occupancy right has been awarded in your sole name then your brothers can not claim right on it.

2. If your mother is alive, then none of her children has any right on her properties during her lifetime.

3. After her demise, intestate, her properties will be equally shared by all her legal heirs irrespective of the fact whether they are residing with her or at Bangalore.

4. When the O.S. has come to the stage of passing Judgment, there is no further scope for submitting any further document as evidence.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

Since the mater is in court and the stage is also not known neither the nature of sit is revealed, no opinion can be rendered.

Any opinion given here may be a prejudice in the matter which is subjudice.

Your advocate will be the better person to explain the situation.

If your advocate is not cooperating properly you can change the advocate even at this stage

T Kalaiselvan
Advocate, Vellore
90193 Answers
2506 Consultations

1. In your query you have mentioned "now time for judgement".

2. When date is fixed for passing order or Judgement, no further evidence is allowed and my answer was based on your said statement.

3. If next date has been fixed for submission of evidence, then surely you shall have to fie ll the documents you have in support of your claim.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1) let the issues be framed

2) court would on basis of evidence on record pass detailed orders in your case

Ajay Sethi
Advocate, Mumbai
99992 Answers
8162 Consultations

Since the case is pending for framing of issues, you may have to wait for the court to frame the issues after which the trial of the case will begin.

It may take at least three to six months to begin the trial.

T Kalaiselvan
Advocate, Vellore
90193 Answers
2506 Consultations

Ok. Consult your advocate and guide him properly.

Kishan Dutt Kalaskar
Advocate, Bangalore
6246 Answers
501 Consultations

If the direction is for submitting evidence then submit al the evidence you have in support of your claim.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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