My mothers registered gtft deed property is being claimed by brothers by adverse possession.
ngopidhar
(Querist) 15 July 2016
This query is : Resolved
can brothers and their children by taking advantage of my mothers absence in their village and by paying revenue to that agriculture land gifted to my mother by her father(late)wide registered gift, are now claiming that agricultural land as their own on the basis of adverse possession and on the basis of those revenue receipts.now how shall we proceed. can they claim on the basis of adverse possession? since my mother is their own blood relation.secondly does she have any right in the other inthestate property of her father which her brothers partioned among themselves with out giving any share to my mother when the same was brought to their notice they said that there is no law where daughter is also given equal share in inthestate property of deceased father.since my mother is old can i (her son)represent her in any court of law if a case is filled.the above mentioned property is located in kadapa district of andhra pradesh.kindly guide me how to handle this case.
Kumar Doab
(Expert) 17 July 2016
The very first thing that you should do is to approach a very able counsel specializing in revenue/property/family/property matters and well versed with local laws.
If it is agricultural land then it is state subject and local laws shall be involved.
The succession opens on date of death of owner.
The succession, WILL, Gift etc is as per personal laws that apply to the owner.
It is believed that you are Hindu.
In case of registered gift deed the ownership is transferred immediately.
Adverse possession can be tricky issue.
However you may find threads as relevant and useful e.g;
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
If it is self acquired property the your mother has equal share.
In case of ancestral/HUF/agricultural property your able counsel can render considered opinion after examination of all docs/inputs.
Your mother can be represented by POA and her able counsel.
Rajendra K Goyal
(Expert) 17 July 2016
Your mother has right in the property gifted to her.
All related documents need to be referred, discuss in detail with local lawyer.
ngopidhar
(Querist) 17 July 2016
thank you kumar doab garu and rajendra k goyal garu.
Kumar Doab
(Expert) 18 July 2016
It is good to see that some civilized authors/querist come back to thank the Experts.
P. Venu
(Expert) 20 July 2016
Paying of land revenue or getting the lands records in one's name does not confer right, title or interest in the property.
Adverse claim could be claimed only as a defence; no declaratory suit could be filed based on such a claim.
Your mother has a share in the intestate properties of her father.
