I am staying in Pune. My father was staying in Belgaum and working as an Advocate.Received some agricultural land in Belgaum ( Karnataka ) through a death will. Later the person who gifted the land to my father gave the same land as a gift to other person. Subsequently my father got his name entered in 7 / 12 extracts. After that my father expired and I could not look after or cultivate the land due to being in Job outside Belgaum. The person who received the land I gift deed says he is cultivating the land for last 50 years. I also neglected to acquire and allowed him to cultivate orally ( No paper work ). Now he has issued me a court summon and has filed a civil suit. The land is still in the name of my father on 7/ 12 extracts. The person received the gift and summoned me is now expired. Can his heirs claim the property received in gift? I am now in process of getting my name entered in 7/12 extract as legal principal heir of my father. Can I sell the land afterwards? I am 70 yrs old so can I get the civil suit transferred in Pune civil court as it is difficult to attend the proceedings every now and then.
Thanks for your time & valuable reply sir. I've one more query because currently, my grandma is staying with my aunt(father's sister) only & terms also not good with us. Is there any chance, after grandma's death does my aunty can claim my father's property? like share from grandma's share..
On the death of Your father the Shares including your Grand Mother are declared by law, she has already acquired right to claim her share in the property of her deceases son , the same right will be carried to her legal heir /successor / your aunt !
@ Mahesh: Your grandmother is a legal heir and one among the successors to the intestate property left behind by your deceased father. As rightly observed above, she already acquired a right to claim her legitimate share in the intestate property, thus, her share of property will automatically devolve upon her legal heirs on her intestate death, provided she has not bequeathed the same to any person of her choice before her death through a Will of testament.
@Ashok Vengurelekar: As a legal heir of your father, you can very well get your name recorded in 7/12 register, but you have to obtain NOC from other legal heirs. The present case can also be transferred to Pune by filing a transfer petition before supreme court, contact a local lawyer who will advise you properly. In future use a separate thread for posting your queries.