Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vinoth   28 July 2017

Can anyone file case against us after 17 years of living!

My grandfather has 3son and 1 daughter, He(grandpa) gave my father a land and home, my father registered that property in 2001 during his presence(Grandfather passed away in 2006).And none of my father's brothers and sister registered except my dad.

And Now my fathers brothers and sister  are registering their land in their name and saying that registration did by grandfather is not valid because the land is in the name my great grandfather.

My question is:

1)We lived in that land for 16 years , can anyone file case against it.

2)Land document, patta, chitta everything is in name of my dad.



Learning

 8 Replies

Kumar Doab (FIN)     28 July 2017

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN)     28 July 2017

Believing that land/title was in the name of Great Grandfather............ and he expired.

Succession opens on date of death.

ClassI legal heirs of Hindu male have 1st right i.e; Mother (if alive as on date of death), Wife  (if alive as on date of death), sons ,daughters............

The death certificate, legal heir certificate are basic requirements and are to be submitted to the O/o Authority e.g; MC...under whose jurisdiction property falls..........for updation in mutation records and ownership by inheritance.

Was it done after death of Great Grandfather....?

Do you have copy of mutation records with all link docs?

The mutation records shouldl show share of each legal heir including your father....

 

Your father could dispose his share in his nlifetime by a valid/registered deed. 

 

Kumar Doab (FIN)     28 July 2017

The property that devolves by inheritance is of nature self acquired and owner can dispose his/her self acquired proeprty in anyone's favor by a valid/registered deed...

Likewise other legal heirs can also dispose their share in anyone's favor by a valid/registered deed...

You have already got property dipsosed by your father in your favor by registered deed.

Rest of your father's  share is open to succession laws and you hve equal share in it.....

You may request all of others to let your land/building be recorded by boundaries and other's share be recorded by boundaries.

 

Resolve amicably.

If possible go for registered family settlement...

 

Kumar Doab (FIN)     28 July 2017

You may preferably show all property related docs to a very able local senior counsel specializng in revenue/property/civil matters for a considered opinion....

vinoth   28 July 2017

Thanks for replies from legends! I'm Hindu My question is, Great grandfather died in 70's Grand father died in 2006 Land registered in 2001 Is there any chance that we lose our property if all of my fathers brothers and sister file case against us . Clarification: 1)property name is in great grandfather 2)property given by grandfather to my father with valid registration

Kumar Doab (FIN)     28 July 2017

Grandfather can dispose his share by inheritance in anyone's favor.

As already suggested ; You may preferably show all property related docs to a very able local senior counsel specializng in revenue/property/civil matters for a considered opinion....

 


(Guest)

Nothing is impossible.

 

Kumar Doab (FIN)     28 July 2017

If anyone approaches a lawyer to file a case...................lawyer may draft and  file a case to suit interest of his cleint.

For your interest approach your own LOCAL counsel as already suggested.

If amicable settlement is possible strike it, as already suggested.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register