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Sagar Madiwal (Agriculturist)     26 January 2010

Daughters' right to father's property

Sorry for a big story and combining two issues in one thread (I believe this gives the reader complete scenario)

My grandfather and his brother had bought 16 acres of land together in 1946-47 in Karnataka. When they got divided, my grandfather got 8 acres of land with two survey numbers, one was in my grandpa's name and the other was in his brother's name. My grandfather and his brother both expired around 35 years ago.

My grandfather has 3 sons and 5 daughters (1 daugther expired in 2004) and my grandmother is with us. All my father's sisters got married before 1975. We are 10 grandchildren for my grandparents.

When my father got divided from his brothers, he has got this land (8 acres) in 1989 (sisters didnot get the property share). Property partition paper registered at the taluk revenue office do not have my father's sisters signatures (just forgot to take the signatures at that time).

In RTC and Pahani papers, the ownership of one survey number was in my grandfather's brother's name and the other survey number was in my grandfather's name and later when my father got divided from his brothers, it got changed to my father's name.

Recently my grandfather's brother's elder son (father's cousine) filed a claim to transfer the land to his name. After a case hearing in revenue court in 2006, on verifing all the supporting documents and government compensation given for a road passed through this land, the tahashildar declared that the land belongs to my father. After the court's decision, my father's cousine or his brothers did not approached any court and they are not raising any objections.

After the court decision, the mutation registration is transfered from grand father's brother's name to my father and mother's name (joint account). But the khata is still in my father's name.

My questions:
1. With the above scenario, can my father's cousine and his brothers still proceed legally to claim the land? (Are we missing any legal documents to make it a perfect title value?)
2. What is the meaning of having a joint mutation registration? Do my mother have equal rights on this property?
3. Is mutation registration sufficient or do my mother also should have a joint khata ownership?
4. What is the legal rights of my father's sisters or their children on this land?



 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 January 2010

1. No. You have not missed any document and chain of title in favour of your father is complete.

 

2. Joint mutation means joint wnership record and your mother has equal share therein.

 

3. Yes.

 

4. Legally they have got right to maintenance but law of limitation shall definitely come in their way to raise any objection of partition at such belated stage.

Sagar Madiwal (Agriculturist)     29 October 2012

Dear Raj Sir,

Thanks a lot for your answers. Sorry for the delayed response.

Sagar


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