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A land dispute

 


In the early days of my employment when Indian Labourers abounded in the estates, officers in my Department were sought by plantation workers for a variety of disputes. These were mainly domestic issues including  division of family inheritances, marriage and divorce settlements. 


A family of three brothers sought my assistance to solve a family dispute involving a plot of land belonging to the family. The Land Office assumed that disputes involving Indian Labourers were not their responsibility and happily passed it on to the agencies involved with indentured labour. The three brothers sought my help to settle their dispute involving family property. I got them to agree that they would be bound by my decision and there would be no avenue for appeal. 


Having obtained their  assurance I agreed to hear them out.  The parents had acquired 6 acres of land in their lifetime but died intestate. The family composed of three brothers and two sisters. On the death of the parents, the eldest son took possession of the land for him and his family leaving the other siblings in the lurch. One of the wives of the siblings who were left out persuaded her husband to talk to the eldest brother for an equal distribution of the family property.

The eldest refused saying that this was not intended by the parents. As the eldest he was the successor of the family property by custom. As such, the pleas of his siblings were not right in law or custom. The dissatisfied siblings unlike in other cases, chose to refer the matter to the relevant authorities to determine the distribution of the family property. 


The department in charge of indentured labour was approached by the siblings for help. A hearing date was fixed and all parties notified. The eldest brother put up his seniority as evidence of his entitlement. He was not able to back his claim with provisions of the law. He was disappointed that all siblings irrespective of seniority are equal under the law and agreed to share the assets with his siblings in equal proportions and thus the dispute was brought to a satisfactory conclusion.  

  


All contents (c) Ganapathy Ramasamy, mynameisgana@blogspot.com


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