Deepak Parmar (Accounts Manager) 31 January 2011

Claiming Property Back

My Grandmother has transfered her Agriculture Land in my Name in 1999, after taking NOC from my Father & Uncle, Since last 12 Years I am the owner of the land, I pay taxes & have taken Kisan Credit Card on the land for irrgation Purpose & repaying the Interest & Principal every year. The Land is very Fertile,

Now Suddenly my Grandmother is asking me returned the land back or she will take legal action against me.

As My one of relative was working in collector's office, he has done the transfer, & he says now your grandmother cannot claim the land back, she has just transferd her rights to you.

And as we have taken NOC from her Son (my Father & Uncle) they can not claim Back again.

Is my Grandmother has legal validity to claim the Agrculture Land Back.

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3 Replies

Rajiv (Senior Consultant) 31 January 2011

Plz confirm few points first.

1) was the transfer with consideration / for money or was it gifted ?

2) was the transfer registered ?

If the answer to above is yes, then she cannot ask it back, legally.

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Deepak Parmar (Accounts Manager) 31 January 2011

Dear Sir,

I have not paid any Money, May be as a gift, & we have taken an affidavit & submitted to Collectors Office at that Time.

Deepak Parmar (Accounts Manager) 10 February 2011

Dear Rajiv Sir,

The Property was Transfered in 1998 in my name after taking an NOC from Father & Uncle, And then Since my Name comes in 7/12 Utara,

This Work was done by my uncle, who stays in Village, & he is also a Govertnment Employee & works in the same department of Land & Revenue, Senior Talati Cum Mantri, but he is located in other District.

Now he only knows what he has done, and it has been almost 12 years, I am having the land in my name & i have taken a Kisan Credit Card of Rs.60000/- & renewing every year after taking 7/12 Utara from Collectors Office & other District Banks.

When I have asked my Uncle, that what can happen, he says since it is Gifted One, she cannot Claim Back,

Then I have asked him, whether the Registration was done, he replyed me that earlier therewas not that much paper works, we hae to fill necessary Forms & have to Notarize the same & submit the Panchayat & and the Village Talati Cum Mantri for the Smooth Transfer of the land in our Name, if the Talati Cum Mantri & the Panchayat has any doubt, they will not transfer the land,

And it has been almost 12 years has happen, no one has made any objection & as I have taken the Loans & paying Land Rent which Rs.500 approx to Govertnment every year & receipt comes in my Name, so there is No Need of Fear that any one will claim back the land from you.

The Talati Cum mantri has Transfered the Land after verifying every Documents, So There is no one going to take back the land legally.

And now Grandmother is going to Collector Office to Claim Back the Property from me.

Will the Collector will hear her case, & does she has right to claim the land back.

And my Cousins & uncle are daily coming to my house & giving Bad Words to me & my wife & says that whatever will happen, but the will beat me & will take the Property Back, I have 6 months son at home, should I have file a police case, against them, as they are pressuring me to sign the papers that I do not need the land & again I my giving land back to my Grandmother.

The Thing is that everyone was given eaqual share in the Property in 1997, but everyone has sold there lands/Property some year back.

I have not sold my Property, & now the Price of the Property is in Lakhs, due to which they want the land back, taking my grandmother in confident.

Sir Please Help