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Z S Joshua (Officier)     05 November 2011

Expert legal advice required - property

Respected Sir / Madam,

My Grandfather has some land of about 3-4 acres in Andhra Pradesh (Nellore dist). My Grandparents are no more.

He has 6 children and we are 22 gandchildren now. As per some rumours, the localites say that if we do not go and do something about the land, the Govt will acquire it. So, we have just decided to go to our native place and put a fence around the land.

In addition to the above, following are issues/bottlenecks:

1. No one in the family knows where the land documents are nor if ever there was a will executed by my Grandfather. Will this be a problem approcahing the local Sub registrar office.

2. Secondly, the problem is we are not aware what the exact size of the land is and what steps we need to do to retain this ancestral property.

3. Thirdly, if this land was to be shared amongst us, how best can it be shared - will the land be divided into 6 parts or 22 parts.

4. Finally, I would appreciate any legal help on how we can best use this God's gift (land) during the current period and for future prospects.

I apprecitae a sound advise on the above.

Thanking you very much in advance.

Regards,

Joshua



Learning

 9 Replies

kumar t v s (advocate)     05 November 2011

Sir,

You are not aware of the extent of land and its location.

 

You have no documents.

 

Generally in such cases the lands are already sold by the ancestors and people just imagine that such lands are available.

 

I would suggest 1) Identify the land. 2) Apply for an EC at SRO 3) If no encumbrances are noticed apply for certified copies of documents.

 

Also apply for Pahanis and Adangal copies from the revenue dept.

1 Like

sridhar pasumarthy (ADVOCATE)     05 November 2011

Dear Joshua,

As Mr.Kumar tvs has suggested, you apply for E.C. at concerned sub-registrar office.  If you confirm that the property still belongs to your family, apply for certified copies of the documents.  

I would like to add that if you are unable to identify your land, make an application by paying proper fees to get the land surveyed through mandal surveyor and fix boundary stones and fencing, whatever you like.

As you said your grandfather has six children, each child will get 1/6th share each and each branch can divide among them equally out of such 1/6th share.

1 Like

Z S Joshua (Officier)     08 November 2011

Sir, thank you for the response.

Z S Joshua (Officier)     08 November 2011

Sir, thank you for the response.

Mohammed Nasir Alam (Software engineer)     16 November 2011

Sir,

I wanted to know the legal action one should take against big social organization(ISKON).

The person who is owner is a lady and she made a registered will in the year 2000.
after her will she died in the same year.

again in the will she mention that ther will be two owner of this property 1) uncle 2)aunty.
and after there dead this property will go to the organization.

and we are having a rent bill since 1998-2006.2006 till date(From manager).
which has been given to us by the owner before her death.
after that in 2005 her uncle died as we have paid all the rent in advance we never pay any rent to him and
he never ask for the same.

Again in the year 2006 we gave rent to her aunty till 2011 as of now.
Her Aunty appointed a manager and gave her power of attorny to take rent from us.
So we gave rent to the manager.

In 2010 her aunty also died.

I am having few question:--

1) is it possible that the organization will soo us from our home.

2) in the will that lady has written that this property can be used for social mean.

3) what action we should take against them .

Please suggest us something they are harassing us like anything.
As we don't know anything about the court and legal procedure please suggest us as soon as possible.

Thank you verymuch for your reply

Regards,
Mohammed

Z S Joshua (Officier)     30 December 2011

Dear Sir,

After much difficulty, we have been able to obtain the Adangal/Pahani copies of the land records from the MRO Office. However, these show as the land owner as 'Government'. As per the MRO, they are saying the land alloted to my Grandfather was 'Assigned Land'. I dont understand the term and its legalities.

Needles to say, we need clarity on the below points:

1. As per the land records details available on internet, the land owner mentioned is in my Great Grandfathere's name (although spelling mistakes have occurred). We do not have any proof that this land owner was in my Grandfather's name. How could this have happened?

2. When we saw the entire land, along the edge of the land we noticed about 5/6 houses have been constructed. We are not sure how these have come up. Is this legal ?

3. The MRO says since there was no activity/or any legal heirs to claim this land for almost 50 years , the land has been taken over by the Government. If this action is justified, please clarify if we can claim for compensation in any form (other land/ monetary equvalent). Or, really is there any other provision under law that we can claim this land.

4. When the Govt took over the land into its possesion, how could others construct houses in our land now. Also, was it a requirement of the Govt to notify the land owner/legal heirs before such a thing is done.

Z S Joshua (Officier)     30 December 2011

Dear Sir,

After much difficulty, we have been able to obtain the Adangal/Pahani copies of the land records from the MRO Office. However, these show as the land owner as 'Government'. As per the MRO, they are saying the land alloted to my Grandfather was 'Assigned Land'. I dont understand the term and its legalities.

Needles to say, we need clarity on the below points:

1. As per the land records details available on internet, the land owner mentioned is in my Great Grandfathere's name (although spelling mistakes have occurred). We do not have any proof that this land owner was in my Grandfather's name. How could this have happened?

2. When we saw the entire land, along the edge of the land we noticed about 5/6 houses have been constructed. We are not sure how these have come up. Is this legal ?

3. The MRO says since there was no activity/or any legal heirs to claim this land for almost 50 years , the land has been taken over by the Government. If this action is justified, please clarify if we can claim for compensation in any form (other land/ monetary equvalent). Or, really is there any other provision under law that we can claim this land.

4. When the Govt took over the land into its possesion, how could others construct houses in our land now. Also, was it a requirement of the Govt to notify the land owner/legal heirs before such a thing is done.

sridhar pasumarthy (ADVOCATE)     30 December 2011

Dear Joshua,

Assigned land means a government land which is assigned to a landless poor person without conferring rights of alienation.

If the purpose for which the land was assigned was not complied with, Govt. is entitled to resume the property.

It appears that the land assigned to ur grandfather was resumed by the Govt. and allotted to third parties.  If the same was happened in ur case, u are not entitled to any compensation.

To answer ur questions, u should state the location of the property i.e. in which State, the property is situated because local laws applies here.

Z S Joshua (Officier)     03 January 2012

 

Dear Sridhar,

Thank you for your response. First of all, wish you a very Happy and a Prosperous New Year .

We have the land in AP (Nellore).  Is there any process/provision where we can claim the land back.,ie., under minorties/non-resident / or any other category?


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