(Querist) 10 March 2020
This query is : Resolved
Sir My Grandfather A has a Son B and a daughter C. After the death of my grandfather 'A' in 1974, the patta of his self acquired land got mutated into his son(my uncle) name.We donno how the revenue officials mutated into his name alone omitting the legal heir Daugther C.Till now it's in his name. My mother C used to cultivate in land now and then until her demise. I'm the son of C planning to suit for partiton.Do my Uncle B claims the land as his adverse possesion? Do adverse possesion is applicable in undivided joint family property? The title document is in name of my Grandfather. We haven't made any partition with uncle family.My mother didnt gave any release deed in property to her brother.Revenue record got mutated 40years before. Kindly clarify my issue.
Raj Kumar Makkad
(Expert) 11 March 2020
The plea of adverse possession is not available to your uncle in the given case and especially he shall never take this plea because he claims his exclusive ownership by way of Patta on the demise of your maternal grandfather.
There is no limitation to get the partition of joint Hindu property.
You need to file a suit for partition and possession along-with declaration to the efect that the mutation entered on the demise of your maternal grandfather in favour of your maternal uncle is wrong, against law and facts, illegal, null and void and is thus liable to be set aside and your mother was equally entitled for the inheritance of the property left by your maternal grandfather.
T. Kalaiselvan, Advocate
(Expert) 18 March 2020
You can file a partition suit seeking division of property by good and bad soil and by metes and bounds with separate possessive of your mother's share in the property. In partition suit, no adverse possession can stand as an obstruction and there is no time limit to file the partition suit, hence you may get into action after consulting a local advocate
(Expert) 29 April 2020
You can consult legal expert specialized on property matter to file partition suit in jurisdictional court and as advised by experts above. For putta transfer in your uncles name, you can file a written complaint with competent revenue official with copy of case filed so that officials can take action to enter name transfer in the of legal heirs as permissible under rules.
(Querist) 30 April 2020
Sir Sorry for the delayed reply... We filed a Partion suit(OS) in Court..the first hearing is on the month of June... Thanks you all for your patience to hear my problem and guidance for it...
Raj Kumar Makkad
(Expert) 30 April 2020
You are always welcome Prajesh Jehan. You can revert back in case of any legal advice.