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sumanjayam (engineer)     09 October 2012

Land dispute

Dear sir,

      My grandfather was a freedom fighter and after his death tamil nadu Government has given some 10 acres of land near sathyamangalam,erode dist. in the year 1957 to my  granmother. My uncle and my mother are the two kids for my  grandmother and my granmother died 2 years ago (2010). All these years my uncle was enjoying the entire property (10 acres of land).Now my mother asked for equal share in that property, but my uncle denies saying that the PATTA for the land is in his name since 1979.

My  questions: 

 1.  land alloted for freedom fighters by the Government will be treated as self owned / ancestral property?

 2. can my mother has equal rights in this property?

  Note : No will was written by my Grandmother on this property



Learning

 5 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     09 October 2012

The propery is inherited and not self acquired . So your mother have equal in rights in the said property. Noc is required from your mother if the property is transferred or sold to some one else . In your case your uncle have no right . Is there any will on the said property whom it belongs  too. Your granny had made any will .

sumanjayam (engineer)     09 October 2012

Thanks for the info. My granny had not written any will on this property.

But my uncle had taken signature from my mother and grandmother (both are uneducated) on an empty stamp paper some years ago.Recently we came to know this. I feel that he might have utilized it for NOC . If that is so, still my mother claim for equal rights in that property?

Adv. Nikhil Seth (legal consultant (9867264707))     09 October 2012

ya still you can file case aginst your uncle on coercion grounds , fraud ,, cheating as your mother is uneducated the same need to be expained to her in your regional language . If not than your uncle has committed cheating  and fraud and you can file criminal case against your uncle.

You need to verify from your taluka on whose name it is , whether registeration has happened or not so and so forth . Lot of information need to be dugged whethergeneuinely name has been tansfer to yur uncle name.  

P.K.Haridasan (Advocate)     09 October 2012

Your mother has equal right as that of your uncle. Filing a suit for partition is the  remedy if your uncle is not witlling to part with the property.

sumanjayam (engineer)     10 October 2012

Dear Nikil and Haridasan,

        Thank you so much for the valuable info. If we file a case against him, how long does it take maximum?


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