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Arnab Choudhury (sse)     22 May 2015

Disputed land

My friends , grantfather bought 2 lands .He has 4 daughters and one son

One land he bought in his son's name when he was a child and the other in his name (registered).

The land which is in his son's name , he built 2 houses there , one in which he and his family statyed and the other was built by his 4th daughter's husband and him jointly.

4th daughter and her husband and their 2 daughter stayed in that house for over 20 years .

He died , 6-7 years back , without any will .... Now his son is saying as the property is in his name (2nd land), so any of the daughters will not have any share on that . Though it was bought by his father.

Is there any claim to the land of the 4th daughter as they lived there for more that 20 years and as the land was bought by her father .

 



Learning

 3 Replies

bsrao   22 May 2015

Prima facie, son will have exclusive right over the property in his name and will have 1/6th share in the other (if grandmother is alive) in the other land that is grandfather's name.

Other issues need to be looked into and decided with respect to their claims.

saravanan s (legal advisor)     22 May 2015

on whose name is the patta for the land.is it on his sons name.on whose name the property tax, water tax,eb and all is there.if something or the other is there in any of your name then consult a lawyer with proper proofs as to see what can be done.

as far as the other land on your grandfathers name is concerned it will devolve over the class one legal heirs equally.his mother (if alive), wife,sons and daughters will all get equal share in the property.

Arnab Choudhury (sse)     22 May 2015

The land, comprises of 5 rooms, was purchased by my maternal grand father in 1977 in the name of my maternal uncle but thereafter my maternal uncle mutated the land in his name without informing any members of my maternal grandfather's family. My maternal grandfather was also purchased each portions of a tank (same dag number) adjuscent to the land in the name of his unmarried daughter and his wife.  Now my maternal grandfather is no more.

We (youngest daughter alongwith her two daughters and spouse) are residing at the premises using two rooms, build within the land purchased by my maternal grandfather by his own money, since 1990 along with other two unmarried maternal aunts and my own maternal uncle, all in separate establishments and separate rooms with full consent of my grandfather.

Now, my abovesaid maternal uncle is trying to make us leave the premises.  

What should be our legal rights in the abovesaid premises where we are residing more than 25 years and there was no will made by my maternal grand father in the name of my maternal uncle.  What will be out legal rights in the premises that was not purchased by my maternal uncle?


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