• Land dispute between brothers

I am a joint owner of a land property along with my brother, father and mother. Both parents have deceased, and my brother says he has already got the mother side's ownership transferred to his name. I'm trying to get a fair judgement for this issue because my brother is causing a lot of tensions and rifts.
I tried to have a Search Report of the land to confirm his claims, but the Dag number and Khatian number of the land papers that I have is not matching. The property is registered in the year of 1982, and the person is saying recently they've changed from RS land numbering to LR. What do I do in this case? How do I search the property?
What should be my action against my brother for justified property division?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

1) take search in sub registrar office and obtain copy of sale deed by which your parents purchased property

2) also derails of recent transactions in the property

3) issue legal notice to brother for division of property

4) if he refuses file partition suit for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

The LR (new) dag no. Is the corresponding to RS (OLD) DAG NO.

IF YOU CAN'T FIND IT ONLINE, THEN YOU CAN HIRE ANY LAWYER TO SEARCH REQUIRED HISTORY REPORT OF THE PROPERTY ON BEHALF OF YOU, OR YOU CAN TAKE HELP FROM THE OFFICE CLERK/OFFICER OF THE REGISTRATION OFFICE/BLRO OFFICE, WHO CAN HELP YOU GET THE SEARCH REPORT, REQUIRED DOCUMENTS,ETC. ELSE YOU CAN YOURSELF VISIT THE REQUIRED BLRO OFFICE AND REQUEST THEM FOR GETTING THE REQUIRED PLOT INFORMATION AND CERTIFIED PORCHA AND OTHER DOCUMENTS ON PAYMENT OF THE NOMINAL FEES REQUIRED FOR GETTING SUCH COPIES.

AS PER YOUR POST, PREVIOUSLY THERE WERE 4 JOINT OWNERS OF THE PROPERTY. Now Both parents have deceased, therefore, of they have died intestate then the properties owned by them will be equally divided among the legal heirs of them. Until and unless, your mother had herself transferred by way of gift, will or sale, etc., your brother can't legally transfer it. But, if your brother says he has already got the mother side's ownership transferred to his name, then tell him to provide those documents which proves tgat your mother had given him permission to do so. If he had Done it after death of your mother, then if your mother had died intestate then you to have a share in her property. Mere name transfer cannot take away your rights.

If mutually or by way of alternative dispute resolution the problem is not solved then you can seek help from court. You can hire a good lawyer near your area for getting help in this regard.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Hello,

Ask your brother to provide you the documents in relation to the ownership transfer.

Get the search done through the dag number and as well as through the khatian number.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can do the following:

1. You can approach the collector of your district and retrieve the land documents from his office;

2. You can also send a person letter to him asking him what is creating the tensions between him and you;

3. If he still does not respond well, send him a legal notice;

4. The last option you have is to file a Suit in the court for partition.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. Since the property was standing in the name of four of you then all four of you have equal share in the property and have got right to transfer their respective share to anyone they choose.

2. However if neither of your parents have transferred their share to your brother as claimed by him then on their death both you and your brother will acquired undivided one half share in the property.

3. if your brother refuses to deliver your half share you can file a suit for partition to claim your share and if your brother have indeed have got share of your parents through any registered deed of transfer then the same would be disclosed as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, it is advisable to file a suit for declaration and partition in court,,,As per Hindu succession act,all the legal heirs are entitled for equal rights in the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Issue a legal notice to your brother to not deal with your 50% share in the property without your consent

2. the late mother's 25% share after he demise will go to her legal heirs i.e. widower and children. Thus your brother cannot transfer the entire share left by your mother in his name

3. also issue a public notice in newspapers announcing that the plot was jointly owned by you alongwith 3 others and after the demise of your parents, you have become co-owner of the plot holding 50% share therein and no person should deal with the same without your explicit consent

4. also mark the legal notice which you will issue to your brother, to the revenue authorities informing them that you are 50% holder and no application filed by your brother with the authority for transferring the plot in excess of his share should be entertained by the authority

5. see what response your brother gives to your legal notice. If he denies your right then you will have to file a partition suit

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Parents, share will inherit in children by equal share i.e. 1/2 each.

Mother share settle in him only if mother executed WILL, GIFT in his favor, otherwise mutation in his name is illegal.

You can file for partition, Than he will have to prove, on what basis he transferred mother share in his name.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since the property was jointly owned by all four, upon the intestate death of your parents, their share of property shall devolve equally on both of you.

Thus as per law, you are entitled to 50% share in the property.

If your brother is not agreeing for equal partition and gives some flimsy reason, you just ignore his tales, file a partition suit before a civil court, seek partition of property equally and separate possession of your share in it.

Let him produce the documentary evidences before court to the satisfaction of court because it is his burden to prove before court the tale what he narrates now about your mother';s share in the property with substantial evidence.

You can challenge his evidences on the basis of merits and other prevailing issues,.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi,

The property documents and its certified copy can be found in the local registrar office. These are authentic documents and on that basis the course of action against brother may be decided.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Simply file a suit for partition of the property and let your brother to anyway he got from the Mother's sale he will not be able to prove any such gift in case there is nothing like and court will allow the partition of the land and any other property in the question

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can get a title search report from the aub Registrar office for the said property. You can execute Registered partition deed if it is settled amicable between you brothers else you can file partition suit before civil court.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Firstly, if it is the anscestral property then you must ask for partition as per law as he can’t himslef get it converted on his own name either partly or fully.

Secondly, if the property was self acquired, and no will is there then you must file a suit for partition as per Hindi Succession Act, and also apply for succession certificate.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You should file a suit for partition. If your brother have all the relevant documents of the property then you can also prefer an application under order 11 of the code of civil procedure for Discovery and production of all those documents.  thereafter the court will direct your brother to produce all the documents. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Sir,

you may search the property in West Bengal on the following two websites

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http://banglarbhumi.gov.in/eDSS/indexAction.action

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http://wbregistration.gov.in/(S(iuzmyegqshj0jj3qr4clkspd))/index.aspx

========================================================================================

You are further advised to go the the concerned revenue officer and check the present status of the property. Next you can get your share if you file suit for partition.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) You can assign your papers to search report experts,who will find exact each and every detail paper of your land and when all numbers had been changed.

2) If the property is transferred fron mother's share to your brother share they must have registered the property or made any affidavit and than registered it. Check all documents which your brother has.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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