Grand mother property
Harish Shetty
(Querist) 06 September 2015
This query is : Resolved
1) We have 5 acres of land located in Udupi District Padubidri Grama . Land got transferred form Seller in the year 1973-74 to My Grandmother and her son that is my father’s brother after paying Rs. 5000. Grandmother have 6 Children's(2 sons and 4 daughters)including my father, grandmother expired in the year 1980 and my father in the year 1986 now my uncle(fathers brother)arguing that property belongs him and he has full right and denying to provide any share to others. Again there is a will written by My Grandmother with her thumbnails to my aunt (father’s sister) 50 cents out of this land.
2) And we one more land of 2 acre where received as Mulageni tenant and transfer document having names of 5 brothers and sisters and doesn’t have uncles name (fathers brother) in the year 1976 and again will has been written by Grandmother to my Uncles(Fathers brother)name that full property should be given to him.
In the year 2005 we have given power of attorney to my Uncle to fight for land which was supposed to acquire by Power generator Company but some portion of land acquired by this company and we received money for that acquisition. But power of attorney still remain with Uncle ie we have not done any act which removes the power of attorney.
Query
1).Can we get portion in first property which is 5 acres.
2).Can will accepted for Mulageni property or is this cab be done for chalageni.
3) Can we get portion in 2nd property.
Kumar Doab
(Expert) 06 September 2015
1) 5 acres is registered in two names; Grandmother and Uncle. The share of Uncle remains with uncle.Out of Grandmother's share 50 cents are given by WILL to aunt. Remaining is for other legal heirs.
If this is not being divided partition suit is one of the options. The WILL shall come up in this case.
2) If the Mulageni land can not be given away by WILL then WILL has no effect in this case.
POA was given for a specific purpose and it can be cancelled.
If the WILL is under cloud then it can be challenged.
You may show all docs on record to an able lawyer dealing in family/property/civil matters and well versed with local laws.
Rajendra K Goyal
(Expert) 08 September 2015
Agree with the expert Kumar Doab.
Send notice to cancel the POA already given.
Harish Shetty
(Querist) 12 September 2015
Thanks for the valuable guidance and proficient opinion Lawyer Kumar Doab & Lawyer Rajendra K Goyal it was greatly helpful. I would like to spread some light on following matters.
1). Can Mulageni land given away by WILL
2). We came to know that WILL written by Grandmother not by her willingness to write it, it was taken after threating her, now she is not live can we challenge this WILL.
3). Mutation records found whole 5 acres of land transferred to my Uncles name after my Grandmother death, is this valid?. This was done without knowing other siblings.
Kumar Doab
(Expert) 12 September 2015
If the WILL is valid and is given effect the entire acres (as per narration in your post) can not be transferred in name of Uncle.
Other possibilities are; Either the Will is already proved invalid or not produced on record.
You may obtain certified copies of all docs related to the case from revenue office, mutation record showing how the entire land was transferred in the name of uncle and show these to an able lawyer specializing in family/property/civil matters and well versed with local laws.
The lawyer that has examined each document and inputs can advise you the best.
