Property registered on my father name when he was minor

This query is : Resolved 
 

(Querist)
25 June 2019

My grandfather purchased a agriculture land on my father name in 1966 by registered sale deed.my father is minor 2 years age in 1966.according to sale deed my Father is only and fully owner of agriculture land.mutation is my Father name since 1967... property tax is paying by my father since 1967 to till 2019 . possession and cultivation on land by my father since his major time,( more then 35 )years...my grandfather died in 1999.my father take a bank loan on this land..now my uncle want to share on this agriculture land. Can they take share on this property ????


SHIRISH PAWAR, 7738990900 (Expert)
25 June 2019

Now your uncle's claim will not sustain. However no one can stop him from taking legal action. You have to appoint lawyer and fight out the case.

R.K Nanda (Expert)
Click to Talk
25 June 2019

your uncle have no share in said land.

Mob. 9818465434

adv. rajeev ( rajoo ) (Expert)
25 June 2019

If your uncle proved that the land was purchased in the name of your father out of the income of ancestral business

Vivek (Querist)
25 June 2019

Thanks all of you sir,
1.according to sale deed my father is only and exclusive owner of that property.
2.mutation since 53 yeras on my father name.
3. Property tax paying since 35 years by my father on his name.
4.we have custody of original sale deed.
5.my father possession since 35 years on this land.
6.my grand father never ask for share on his life time
7.my father cultivation and farming on land since 35 years.
8./loan taken many times on this land by my father
After all can my uncle claim after 53 years on this land

Vivek (Querist)
25 June 2019

Thanks all of you sir,
1.according to sale deed my father is only and exclusive owner of that property.
2.mutation since 53 yeras on my father name.
3. Property tax paying since 35 years by my father on his name.
4.we have custody of original sale deed.
5.my father possession since 35 years on this land.
6.my grand father never ask for share on his life time
7.my father cultivation and farming on land since 35 years.
8./loan taken many times on this land by my father
After all can my uncle claim after 53 years on this land

kavksatyanarayana (Expert)
25 June 2019

Dear querist,your father was cultivating the land since at 3.1/2 decades. so he cannot ask. But you said in your query that the land was purchased by your grand father in your father's name when your father was 2 years old. so it could not be registered in your father's name without a guardian signature. simply at that time, your grandfather purchased the land in the name of his minor son, as a guardian to your father. so the amount invested might have been by your grand father. So if your uncle proves it, he may get his share. It depends on merits and demerits of the case.

Sudhir Kumar (Expert)
26 June 2019

even if your uncle could prove that the land was purchased out of the ancestral property still he has to live with the facts :-

(i) your father might have attained majority in 1982 and all thoughout 37 years he held continuous and peaceful possession of land.

(ii) your uncle did not challenge the occupation of this land even after death of your grandfather which itself is now more than 20 years.

Dr J C Vashista (Expert)
26 June 2019

In the given facts and circumstance claim of your uncle will not sustain.
It would be better to seek guidance of a local prudent lawyer with records for better appreciation of facts and proceeding as required.
If you are located in Delhi/NCR and feel so, may contact me with records of case (on appointment) at:
Ch. No 647, Layer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91-9891152939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com

krishna mohan (Expert)
27 June 2019

Since the title of the property rests on your father name and is under your family possession, no need to worry. If your uncle files a case, you can fight the battle with the help of able lawyer of your area specialized on property matters. You can check on local revenue records and ensure that taxes are paid to protect your rights, putta etc.,

P. Venu (Expert)
05 July 2019

You have got a strong defense, if at all a case is filed. Any suggestion as to defense depends on the pleadings advanced in the suit.



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