• Is my brother have share of inam grants lands right on me,in order not mentioned as joint family..

Sir, i am Rajanna archak, LRF/ INM ..ON 1981-82. IN THE COURT OF LAND TRIBUNAL,ANEKAL,under Inams Abolition act 1957 /section 6A .in that they mentioned as''The following persons hear applied for registration of occupancy rights under the provision of KIA act for the following lands---1.V,Rajanna 2.tiruvegdia 3.venkatesh,(partner archaks form different family) under section 6A, and 4,narasimhaia under section 5A''
in that time, i only filled application and signed,i get ill for 3 months ,in that period my elder brother Rangaraju attended and signed as ''Rangaraju for Rajanna'' 3 times on hearing, final day i myself signed,then after occupancy rights are issued by my name only,not mentioned as joint family inam.
 now Rangaraju my brother claimed to civi court as,,,i attended 3 times ,signed for Rajanna and this is joint family inam,we brothers also have equal share....
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

question as to whether the tenancy is individual or joint family tenancy falls within the domain of the Civil Court

2)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.

3)merely because your brother signed for rjanna does not give your brother equal share in the imam property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. That is not right, simply signing order sheet gives no right to your brother.

2. When occupancy rights are granted in your name individually then no question of joint family property.

3. You have file an effective written statement in the Civil Court denying the claim of your brother.

The following citation is similar to your case and useful to be filed before the Hon'ble Civil Court:

SRI PARASHURAM NEMANI KUDUCHAKAR AND ORS. v. SMT. SHANTABAI RAMACHANDRA KUDUCHAKAR AND ORS., after referred to the relevant provisions of the Karnataka Land Reforms Act:

"(i) The Tribunal alone has the exclusive jurisdiction to decide the question whether a person is a tenant or not of the land in question, and the Civil Court has no jurisdiction or power to decide the same.

(ii) If a rival claim is made before Land Reforms Tribunal one party contending that the tenancy rights exclusively belongs to himself and another contending that the tenancy rights exclusively belongs to himself and another contending that tenancy rights belonging to the joint family and therefore all of them are entitled to grant of occupancy rights, the Tribunal has the jurisdiction to go into the question whether tenancy rights claimed belongs exclusively to one of the member of the joint family or it belongs to the joint family, as it is incidental and necessary to decide the question of grant of occupancy rights.

(iii) If before grant of occupancy rights the Tribunal adjudicates the rival claims and holds that the tenancy pleaded exclusively belongs to the applicant in whose favour the occupancy right is granted and it does not belong to the joint family, the parties have to challenge the said order under the provisions of the Land Reforms Act only and the Civil Court has no jurisdiction to sit in judgment over the said decision of the Land Tribunal nor can ignore the said finding and record a finding contrary to the one recorded by the Tribunal in a suit for partition.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Nothing to answer further.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Yes I am Kannada speaker.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

You signing on Rajanna does not give any right to rangaraju to claim a stake in the property.

If you have the occupancy rights then there is no question of joint family property.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If your family from the ages of your ancestral are performing the Pooja and cultivating the said land, though the occupancy rights for the land is registered in your name your siblings shall have equal rights over the same.

Having said that since your case is pending for disposal before the Honourable Court you may have to wait for the judgement.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

What is your question?

If you have a civil court pending, what is the nature of the suit?

What is the stage of case ?

What is that you have to do about absenting or being present before the court?

You may revert with proper questions with details accordingly if you are really interested in getting proper opinion or suggestions to tackle your problem.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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