LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Declaration klr

Mr. Late *ABC* had 5 Children, 2 Male, 3 Females namely, *BBB, CCC, DDD, EEE, & FFF. *BBB* was not in Possession of Scheduled Properties, *D to F* Married residing with their Husband's, their Brother Late *CCC* was in possession and was Cultivating the Properties under Land Lord *MNR* on his Individual Capacity not on behalf of his Joint Family, During the Karnataka Land Reforms Act, *CCC* Filed Declaration in form 7 on his Individual Capacity and Passed Away, after Further Enquiry *Land Tribunal Granted Occupancy Right* in Favour of *XYZ*( CCC Wife) XYZ also passed away and now RTC's of Scheduled Properties are mutated in Favour of All the Legal Heirs of Late *XYZ* and they are in possession from past 80yrs. *Whether the Legal Heirs of Late BBB, DDD, EEE & FFF are entiled for Share/has right in Scheduled Properties*??? *Whether its Exclusive Properties of XYZ & She is the Absolute Owner*???


 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     05 April 2020

1. "Occupancy Rights" granted under Karnataka Land Reforms Act, is NOT equivalent to "Title Ownership" rights which in turn can be proved only by proper & duly executed Deeds (eg. Sale /Gift /Release /Partition ....) and only such Deeds are legally classified for "Absolute Title Ownership Rights".

2. By virtue of above, "ALL" the residual Legal Heirs of  "ABC" are entitled to EQUAL share in property of "ABC". However, how to prove their claim /rights, would be a highly tricky legal step for everybody, in Court. Civil Court dispute can be filed, atleast for bring all the parties to the negotiating table.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

but Civil Court Dismissed the suit, that all the Legal heirs of ABC are not entitled to share except the legal heirs CCC, now Regular Appeal is pending before Senior Civil Court..

G.L.N. Prasad (Retired employee.)     06 April 2020

It is not proper to post an issue in the forum without providing facts of earlier dismissal and not stating the reasons for dismissal.  Please trust your advocate and follow his guidance as an appeal is pending.

1 Like

P. Venu (Advocate)     06 April 2020

The facts posted do not suggest any rights for those excluded by the Land Tribunal.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register