Two brothers, Ram and Shyam, jointly own a piece of agricultural land. They verbally agreed on the boundaries of their shares. Recently, Ram built a structure on his portion and encroached onto Shyam’s share, claiming it as a park in official records. Will this affect Shyam’s rightful share, especially since their joint accounts and boundaries are only verbal? If so, what steps can Shyam take to protect his share and get the park entry removed from the records?

Apni Law
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Law Forum › Category: Property › Two brothers, Ram and Shyam, jointly own a piece of agricultural land. They verbally agreed on the boundaries of their shares. Recently, Ram built a structure on his portion and encroached onto Shyam’s share, claiming it as a park in official records. Will this affect Shyam’s rightful share, especially since their joint accounts and boundaries are only verbal? If so, what steps can Shyam take to protect his share and get the park entry removed from the records?
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Apni Law Staff asked 1 year ago

Two brothers, Ram and Shyam, jointly own a piece of agricultural land. They verbally agreed on the boundaries of their shares. Recently, Ram built a structure on his portion and encroached onto Shyam’s share, claiming it as a park in official records. Will this affect Shyam’s rightful share, especially since their joint accounts and boundaries are only verbal? If so, what steps can Shyam take to protect his share and get the park entry removed from the records?

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Apni Law Staff answered 1 year ago

Under Indian law, verbal agreements for land division are not legally binding. As Ram encroached upon Shyam’s share, Shyam can challenge the park’s entry in the records. He can file a suit for partition and possession, seeking a clear demarcation of their shares and removal of the encroachment.

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