metes and bounds applicable to gramanatham land
mohan
(Querist) 14 April 2014
This query is : Resolved
A house is located in a gramanatham land in the name of a lady in tamilnadu.only udr patta issued in her name.she has two daughters and one son.All of them married before 1989.the lady was living with his son during her life period until when she died intestate(2011) before her son death(2010).the house is in possession of her sons legal heir.they have been paying property tax,eb bill etc in her name for more than 12 years.they have been living peacefully in there until now.the two daughters who were married before 1989 now claiming partition by metes and bounds in the suit property as the lady is absolute owner of the property as the property was bought in the year 1991 in her name by his son.now they filed civil suit against the sons legal heir.is this suit maintable?can they seek partiton in the suit property?who is the absolute owner of gramanatham land?ther is no sale deed from the first occupier of the gramanatham land when the same was bought but he is still living.
ROHIT SHARMA
(Expert) 14 April 2014
Dear Mr Mohan,
1. Though without any doubt the land on which such house is located such land's ownership is of the village panchayat but the house building is a transferable property, since the residents of house on such land of gram panchayat are deemed as tenants and possession of such tenancy is permissible by way of transfer deed with consideration but definitely as not by a sale deed, then such transfer of such house structure is duly resolved by a resolution of the gram panchayat committee.
2. The occupants of such house are deemed tenants and are registered as such in the record of the gram panchayat and are required to pay all the taxes and cess to the gram panchayat.
3. Since such house does not constitute as a private ownership estate of the occupant ( in this case if the name of the mother has not been mutated then her grand son occupying such house is deemed to be in physical and actual possession) then the question of partition of such house by metes and bounds is untenable in law and such suit if filed is not at all maintainable.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) 09824047971.
E-Mail : lawgate1349@gmail.com.
Rajendra K Goyal
(Expert) 14 April 2014
Consult a local lawyer expert in local land laws and show him all the document.
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
In your case, the title of house property was perfected by the lady due to her prolonged stay in that land and after UDR the Patta was given on her name,therefore as per the government revenue records after issuance of Patta on her name, the property belongs to that lady as her own and absolute property and this patta in the absence of any sale deed becomes the title document of the property conferring full rights and title to that lady. Now upon the intestate death of that lady, though the property is in possession of legal heirs of her son, will devolve upon all the legal heirs of that lady which means her daughters are entitled to an equal share in the property. Thus the property can be shared equally by allotting 1/3 share each to two daughters and the legal heirs of the predeceased son. It is better to go for an amicable settlement or partition.
mohan
(Querist) 15 April 2014
how do they claim title over the suit property as it is a grama natham land and also they were married before 1989 as the property was bought after their marriage.i read udr patta do not confer any title.without no source of independent income how the lady be the owner of the property as she was lived with her son.the two daughter never spent any money for the property.only her son with her own efforts constructed a house in the said gramanatham land.they never seeked partition during the life time of lady and her son.but after their death they filed a civil suit.the patta is also in possession of her son-s legal heir
mohan
(Querist) 15 April 2014
how do they claim title over the suit property as it is a grama natham land and also they were married before 1989 as the property was bought after their marriage.i read udr patta do not confer any title.without no source of independent income how the lady be the owner of the property as she was lived with her son.the two daughter never spent any money for the property.only her son with her own efforts constructed a house in the said gramanatham land.they never seeked partition during the life time of lady and her son.but after their death they filed a civil suit.the patta is also in possession of her son-s legal heir.what if the description of the property in the patta is different as of now.since her legal heir extended their construction.
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
There is no answer for your 'how', it is law. If the government has issued the patta to the property which was under possession for many years, it is government's scheme of issuing land to the landless economically backward/living below the poverty line people. You cannot question the government of its welfare scheme. Now since the property was that lady's absolute and own property and since she died intestate, all her legal heirs have a share in it equally. Other things have been already explained properly.
mohan
(Querist) 16 April 2014
can we invoke tamilnadu hindu succession amendment act since the two daughters were born before 1956 and married before 1989.can we obtain succession certificate and transfer the patta in our favour.
