My grandfather died in 1950
Prajesh Jehan
(Querist) 07 February 2020
This query is : Resolved
My grandfather self acquired agricultural lands in 1935.My grandfather died intestate in 1950.He was survived by his wife,son and daughter.His son died intestate in 1954 leaving behind his daughter and wife.
My grandmother died intestate in 1966.
I'm the maternal grandson of my grandfather.
Do my mother have share in my grandfather property?
We are hindu family from TamilNadu.
Title document is in name of my grandfather..
Raj Kumar Makkad
(Expert) 08 February 2020
Prior to 1956, the succession of a male Hindu dying intestate, used to go in favour of his widow so entire property left by your grandfather was inherited by your grandmother during the year 1950. Your grandmother died during the year 1966 so her property shall devolve in equal share among her daughter and wife As the wife of your great grand father died in the year 1966, so her share shall also be inherited by her sole heir means her daughter thus such daughter became owner of the entire property since 1966. If such lady is still living, you have no share as on day but if she has died, her inheritance shall further devolve upon her legal heirs as per Hindu Succession Act, 1956.
Prajesh Jehan
(Querist) 08 February 2020
My Grandfather 'A' purchased agriculture lands in 1935.He died intestate in 1950 leaving behind his wife(B),Son,Daughter (My mom).My uncle(A and B's son)died in 1953 leaving his wife and minor daughter.. My Grandmother(A's wife) died intestate in 1966. Do my mother(A and B's Daughter) have share in property as My grandmother(B) died after 1956 sucession act ? The property was not partioned between My uncle family and My mother till date. We hail from Hindu family in Tamilnadu
This is the exact facts..
Great grandfather is not present.
My uncle too died before 1953
Raj Kumar Makkad
(Expert) 08 February 2020
Your mother is owner of 1/2 share of the property you mentioned in the subsequent query, She can file a suit for partition and possession and if she has died then her legal heirs can do it.
Dr J C Vashista
(Expert) 09 February 2020
Seek share of your mother by filing suit for partition, possession and consequential benefits through a local prudent lawyer.
Prajesh Jehan
(Querist) 09 February 2020
Sir
Thanks for your clarifications.
My another doubt is the revenue record(Patta) of the above land is in the name of My uncles' wife for past 40 years..
Do they claim this point and stand against us?
But both of our family is using the land jointly
P. Venu
(Expert) 09 February 2020
How is that the patta is in the name of your uncle's wife? You may obtain a copy of the mutation carried out.
Any how, the mutation in revenue records cannot divest your mother of her title in the property vested on the death of your grandmother.
Prajesh Jehan
(Querist) 09 February 2020
Sir,
My uncle wife family planning to sale the land telling that patta is in their name for more than 30yrs..as revenue record is in their name they say that they can sale with patta..
What is the need of title document?
Do such sale is valid???
Raj Kumar Makkad
(Expert) 09 February 2020
You are required to immediately obtain the old record, file a civil suit and seek stay order first against the proposed sale of the said land by your aunt. You shall have also to fight on the front of delay and latches.
Prajesh Jehan
(Querist) 10 February 2020
Ok sir..
We will do...
My aunt and my mom died in 2007..
They had a oral agreement and used the land..we called them for partiton many times.but they delayed. Now my aunt legal heir daughter is cheating like this..
Do this delay in legal claiming for partiton suit will be negative for us?
Raj Kumar Makkad
(Expert) 10 February 2020
When no share is recorded in the revenue record in the name of your mother, then the question plus or minus or loss due to delay has no relevance. It seems you want a decree from us rather moving out of your own house to do something at your own.
Prajesh Jehan
(Querist) 10 February 2020
Sir
Thanks for your patience.
As you people are expert I'm seeking your guidance.
I collected old revenue records and found it's in name of my grandfather.But the revenue officers have no idea on what basis my aunty got the patta on her name..they made a forgery and changed before 30yrs..partiton was not made..title document is in name of my grandfather..
So only I raised the doubt again..
Since it is a family property do delay in this issue will be against us?
We gonna suit a legal notice seeking for partiton deed
Raj Kumar Makkad
(Expert) 11 February 2020
Delay shall not come in the way as you have recently came to know the fradulant act of your aunt with the help of revenue officials vide which Patta got transferred in the name of your aunt.
Now it is your turn to engage a lawyer instead of wasting time here and there.
Prajesh Jehan
(Querist) 11 February 2020
Ok sir
Thank you for your patience and reply..Guided me with good hope..
We issued legal notice to my aunt family yesterday for partition
Raj Kumar Makkad
(Expert) 11 February 2020
You are most welcome and now onward you can hope for the things to catch.
T. Kalaiselvan, Advocate
(Expert) 20 February 2020
Your mother belong one of the legal heirs and successors in interest to yor deceased grandfather, she is very much entitled to a rightful share in the properties left behind by your grandfather who is reported to have died intestate.
She is entitled to half share out of her father's properties in the absence of her mother to claim her share.
If the family of your maternal uncle is refusing to allot your mother's legitimate share in the properties, she can file a partition suit and claim her share with separate posssession through court of law.
You can consult a local lawyer and discuss with the probabilities for an amicable settlement or for filing a partition suit
Prajesh Jehan
(Querist) 11 March 2020
Since revenue records is in name of my aunt for 40 year can they claim it as adverse posession..
If they claim is it possible in undivided family property?
Prajesh Jehan
(Querist) 11 March 2020
Since revenue records is in name of my aunt for 40 year can they claim it as adverse posession..
If they claim is it possible in undivided family property?
Raj Kumar Makkad
(Expert) 11 March 2020
As the revenue record showing ownership in the name of your aunt is based upon fraud hence there is no limitation to challenge it. Otherwise also, there is no limitation to get partition and possession of Hindu Joint property even though it shows the name of either of the parties in the revenue record. Now it is your turn to file the suit instead of wasting time in more and more discussion.
Prajesh Jehan
(Querist) 12 March 2020
Sir
Thank you for ur guidance.
We have started the legal proceedings.
I got confused with the adverse posession as my aunt holds revenue record In her name for more than 40yrs.now I'm clear.
Prajesh Jehan
(Querist) 03 May 2020
Sir
We issued a legal notice to my expired aunt legal heir.But they haven't replied for our legal notice. Instead it was found her legal heir sold a part of land with the Patta which is in name of my aunt .They completely hidden the Title document which is in name of my Grandfather.
We also issued legal notice to the person who bought a part of land from my aunt legal heir.
Since they both didn't replied for our legal notice we registered partition suit in district court seeking permanent injunction for the registration done and also seek partition of land.
When the title document is present how it is possible to do registration with the Revenue records.They haven't did the registration properly.They produced fake death certificate for the death of my aunt issued by VAO instead of property government authority.
Raj Kumar Makkad
(Expert) 03 May 2020
You might have properly mentioned all these grounds in the suit. If not, amend the plaint so that each and every material fact may be duly mentioned therein so that you may get the desired relief.
Prajesh Jehan
(Querist) 10 August 2020
Sir
We filed for partition suit in the court applicable to the land during March 2020 and the case got registered .Due to COVID the notice didn't got served to the defendants.The hearing was adjourned two times stating COVID .Shall we inform the defendants during legal notice that case bas been registered or should we wait until notice is being served by concerned court?
P. Venu
(Expert) 10 August 2020
It is better that your advocate can intimate the defendants. In the alternate permission may be sought from the court to effect DASTI (personal) service in terms of Order Rule 9A.
