land property distribution between two brother

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 11 months, 1 week ago.

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  • #1764

    Respected Sir,
    i self amit patel. My question is as below.
    My father had land in village The land given by rajput maharaja to stay patel in there village 110 years ago.
    My father had not registered his ownership on land.
    My father has 2 sons. Myself and my elder brother.
    My elder brother character was not good and he had never helped in family.
    So my father given me 60% land and My Elder brother got 40%. [60:40] ratio. My father had not registered land among two sons.
    In my possession land i developed my house and tube well, boundary walls, small temple.
    My father was no more. Now my brother wants 50:50 land.
    My elder brother go to court for land equally division.
    my question is that in my possession land can be divided between 50:50 or not?
    Me and my brother don’t have registered land ownership. My father also had not registered ownership his.

  • #1778

    It is not possible to answer a question which requires examination of detailed facts, in the absence of having seen relevant documents or detailed facts. So, please consult some local lawyer and share full details with him. However, some general points would be:

    (1) The rules for succession / partition amongst brothers would be the same irrespective of whether it is registered or unregistered property.

    (2) On succession, you cannot get more rights than your father in the (unregistered) property. This is because of the general principle that a transferor cannot transfer more or better legal title than he himself possesses. So, if there were some legal restrictions on the enjoyment of the unregistered property by your father, you would also be subject to the same restrictions.

    (3) The rule of adverse possession may apply, but your question does not contain full facts.

    (4) Your question has no details as to whether your father made any registered or unregistered gift deed in favour of you or your brother. Or, it was merely an oral adjustment?

    (5) There is no detail in your question whether you or your brother are paying any property tax or any other tax, etc., or having any other proof of possession of the respective share of the properties (including electricity bills, water bills, etc.).

    (6) Your question is also silent whether the concerned Govt authority has issued any notice etc. for possession of the unregistered property.

    (7) If your title to the unregistered property is completely unknown to the law and is consequently unlawful (in the absence of any registration or recognition by the authorities), it is doubtful whether the courts would interfere to give you some rights by way of partition in respect of such property.


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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