For agricultural land
kavethaperumal
(Querist) 04 September 2019
This query is : Resolved
My grandfather passed away in the year 1976. He has 1 son & 3 sisters. In his life duration, he did marrage for one daughter, after that my father did marriage for his two younger sisters.All are married before 1980. In the mean while, after my grand father death, my father changed all my grandfather's self acquised properties to his name by Patta. I have one sister. After my father died, my mother registered most of that properties (gift deed) to me and some to my sister's husband( by sale deed) . is it valid? Patta & Gift deed from 2000 in my name. After my mother passed away, my sister filled a case to ask 50% share from me. Same time , my aunties also asked the court to joint them in this case. My sister withdrawn her case in 2017. My lawyer didn't follow the case. So, Exparty judgement proceeded by court in 2018 by the favour for my aunts. I appealed for cancellation for exparty judgement. Now, the case is again numbered in the court. hiring is going on. What is the final for this. Can U give suggestion to move further.
Thx
Sivakumar
Isaac Gabriel
(Expert) 04 September 2019
Perhaps the settlemen tdone by your mother may not be right in the eye of law.In such an event, the shares maight tilt. consult lawyer in this regard.
Dr J C Vashista
(Expert) 05 September 2019
You have already engaged an able, competent and intelligent lawyer what is his/her opinion and guidance ?
Is there any need for second opinion on the basis of limited facts posted for consideration and obligation of experts on this platform?
However, if you feel strong it would be better to show the case file to a local prudent lawyer for proper appreciation of facts, guidance and proceeding
P. Venu
(Expert) 05 September 2019
Was your grandmother or/and grandfather's mother alive at the time of your grandfather's death. So also, who has filed the case? Who are the defendants?
Anyhow, the property is jointly vested with the legal heirs of the grandfather. It is a question of law as to who are legal heirs at present.
Entry in the patta or the revenue records are of no consequence in a title dispute; so also, the expenses for the marriage of your aunts.
kavethaperumal
(Querist) 06 September 2019
My father's sisters filled the case against me. Patta & EC in my name from 2000. After my father death, my mother registered Gift Deed to me all my father's property. My father changed all pattas after my grandfather death in 1976. From 1976 to 2000, all pattas in my father's name. After he died, all pattas changed to me. Now, my aunties moved in the court from 2013, asking partion for their share. Is it possible for them to claim after 40 years of their dad expired. Patta & EC in my name from 2000. Please reply.
Thanks
Guest
(Expert) 06 September 2019
Time Limitation to file such suit is 12 years from the date of Transfers.
Guest
(Expert) 06 September 2019
Discuss with local good Advocate
P. Venu
(Expert) 06 September 2019
Admittedly, your grandfather had expired in 1976. In the absence of a Will the property has been jointly vested with the legal heirs. The legal heirs, naturally, were his children (and his wife and/or mother, if alive at that time). Anyhow, your aunts certainly the legal heirs and their rights, title and property could not be divested just because your father had got his name entered in the patta or the revenue records. Law requires that the co-occupants ought to have relinquished their share in the property by a registered deed; then and then only your father could acquire the title to the entire property. In the absence of such relinquishment of their shares, your aunts continue to be the joint holders of the property together with your father.
Same considerations apply to the change in the patta in your favour. In the absence of any gift or Will executed in your favour during your father's lifetime or any subsequent relinquishment by your sister following the due process, she is also vested with right, title and interest in the property.
Please note that your father could not have inherited more than 1/4th of the grandfather's property and that much property at present is jointly vested with you, your sister and your mother (and grandmother, if alive).
it is not clear how your mother, in the absence of any valid title, gifted the properties to you. She could not have gifted more than 1/12th (i.e. 1/3rd of the of the 1/4th) of the property to which she was vested with title subsequent to your father's death.
