Property registered on father name when my father is munor

Vivek Kumar (Querist) 25 October 2020 This query is : Resolved
A agriculture land is registered on my father name in 1965 when he was minor (1 years) by my grandfather. According to sale deed my father is fully and independent owner of land. Mutation is my father name since 1965 to till now. Property tax paid by my father continuously since his major age 1985 to till now. Possession of land an all relevant document on my father name. My grandfather died in1999. Previous year 2019 my two younger uncle file a case in SDM court to cancel of mutation (jamabandi) . Can they take shared in my father land... My father take a bank loan on this land. We have all paper of this land

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A dispute has arisen regarding agricultural land registered in a father's name in 1965 when he was just one year old. Despite the land being registered in his name and all subsequent taxes and mutations being in his favour, two younger uncles have filed a case to cancel the mutation. The consensus is that the father is the absolute owner, especially given the Benami Transactions Act, and the uncles are likely legally estopped from claiming a share. However, consulting a local lawyer is advised for specific legal guidance.

Rajendra K Goyal (Expert) 25 October 2020
No they can not take a share in the given facts.

Advocate Bhartesh goyal (Expert) 25 October 2020
Your could challenge the ownership of land before the Benami Transaction Act came in force but after the came in force of said act your uncles are legally esto ped to claim share in the land your father has become absolute owner of land.

kavksatyanarayana (Expert) 25 October 2020
As per your query, your father is the absolute owner of the property. No one can claim it.

Dr J C Vashista (Expert) 26 October 2020
Your father is absolute owner of the self acquired property.
Land is a State subject which differ from one State to other State.
It would be better to consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

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