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Q Slinger (NA)     09 March 2015

Late grandfather property

Dear Experts:

 

There is a farm on my late grandfathers name, which was inherited by him from his grand father. His grandfather, when dividing properties among his grandson's, gave my grandfather the farm and its been on my grandfather's name since then. We have phani nakals from 1953 showing that the land was on my grandfather's name.

 

My grandfather died about 67 years ago and my grandmother died 1 month ago. My grandfather did not leave any will and my father is the only son. My father and I have all the relevant documents showing the relationship to my grandfather.

 

The current situation is, my grandfather's brother's son's (my fathers cousin brothers) are also claiming the part of the land and there is a peshi at the Tahisldar's office soon. I believe on that day Tahsildar will decide who will get the land

 

Questions: 

 

- Who is the rightful heir to the land? Is it my father/me or do my father's cousin brothers also get a share in the land? 

- With my father's written approval, can the Tahisldar directly transfer the land on my name?

 

Thanks in advance

  



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 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 March 2015

Dear, Since your father is a class 1 heir, he is entitled to 100% share in that property .... Tell your father to get the legal heir certificate and get the property mutated in his name.... Regards Kapil Chandna Adv 9899011450

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 March 2015

Dear Client,

Your case is a simple one as it appears as per your narration , bjut in fact it is not, as you not have mentioned that in fact under who's possession the land is at present and on which basis the father's cousin are claiming the part of farmland??

In the land disputes physical possession is of prime importance, as since long the possessor is having the physical possession of the property and in which capacity? these are the questions on which the property title is to be determined along with the heir linage and the sale deed papers if any.

Next. The Tehsildar, is not a competent authority to determine the Title of the farm land property.

For the purpose of the Title declaration hyou have to file a declaratory suit in local jurisdiction civil court or on an other hand just file an application for a legal heir certificate in the civil court along with the death certificate of your Grand father and grand mother stating that your father is only the heir apperant of your grand father so all the grand father's property after the demice of your Grand mother be transferred in your father's name and as per this sequence of the events a letter of administration be issued in favour of your father directing the Local Tehsildar/ Sub-Registrar to transfer the property in your father's name in Title record & Dakhil Khariz (Mutation) record maintained by him in his office.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service, Divorce & Family Dispute Matters

Advocate Ravinder (Advocate/Attorney)     09 March 2015

- Who is the rightful heir to the land? Is it my father/me or do my father's cousin brothers also get a share in the land? 

If you are Hindus, if the land which was in the name of your grand father is ancestral property, your father’s cousin brothers will also get share in the property.  If the land is self acquired, then you will be the sole owner.

 - With my father's written approval, can the Tahisldar directly transfer the land on my name?

Your father can execute registered gift deed in your father.  Tahasildar is no way concerned.

Q Slinger (NA)     10 March 2015

Ravinder Sir,

 

The land is inherited by my grandfather from his grandfather. During the property allocation, my grand father's grandfather distributed the property from his name to his grandson's and my grand father got the farm. 

Can you you tell me how my grandfather's brother's son's claim the farm when it is solely on my grandfather's name? My father is the only son of my grandfather.

 

Regards

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

Though this property becomes his own  property of your grandfather acquired through a partition, whether the  property is in your father's possession after the grandfather's death?, whether the opposite party is  in possession or occupying the property, if so how long?,   Tahsildar has got nothing to do with  the title confirmation of the property, better approach court with a suit for declaration of title.  Take the help of a local lawyer.


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