land under possession without ownership canget divided on the basic of successor

[ankit patel]

My Grand father settled in a land around 100 years back on a piece of land whose area was 15 sq.m X 45 sq. m. In this land after my grand father my father made a khacha house in area of 15m x 15m and the rest 15m x 30m was open land.My father has 2 son. I was younger son and my elder brother passed away living behind him his son alone. 30 years back my father given me open land having area 15m x 30m. This area was having 15m x 15m plain area and rest of area 15m x 15m deep trenches.I filled this trenches area of 15m x15m with soil brought from trucks.Also I built boundary walls around the land in my passion 15m x 30m area.
My eleder brother lived in old kachha house in part A having area 15m x15m.
I also prepared built my pakka house within the boundary walls in land under my possession.My elder brother have separate kachha house built by my father.I have also separately pakka house built by me in area of 15m x 30m in my possession.

Now my brother is no more since last 40 years. I and my brother are not having combined financial relationship since last 40 years. But there are not any written papers of separation between my brother and me. But fact is that we are living separately.
Now son of my brother have filled a case in civil court and demanding equal land which is in my possession.
The land which is under my possession and within the boundary wall built by me have being controlled by me and more than 45 lacs rupees was got invested by me for the development of my land and other amenities such as pakka house, tube well, latrine tank, boundary walls etc.
As owner of this land is somebody else. I and my nephew are only having possession of land at their part.
Now I want to know whether my nephew can have right to get extra land which is under my possession.

please give your legal comments over this matter

[Dr. Ashok Dhamija]

It is difficult to answer a question based on detailed facts, without actually seeing the relevant documents. In any case, from your question, it is not clear:

(1) Whether the land was given to you by your father by a registered gift deed or without any papers?

(2) Who has the title of the land?

(4) Whether your father formally divided the land between the two brothers?

(5) Whether the total land was partitioned between two brothers or it continues to be in the name of the father?

(6) Who is paying the property tax, etc. and in whose name?

Please consult some lawyer by showing all your relevant documents and details. in the absence of having seen all relevant documents, it may not be possible to give correct advice on issues of facts. This is because your question is mostly a question of facts.     

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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. List of his YouTube Videos.

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