Request for legal and property law.

Dear Sir

Good Day

Kindly advice a solution of our mother's property issue and seeking for the possibility of my mother's merit based on the story below:

My name is Mahesh, 45 years of age. I am the youngest son of our parents and I have one sister and brother too.  My father passed away in 2010.

Our parents had bought around 30 cents land from my grandmother in 1972 (mother’s mother). But, 12 cent land was owned by my grandmother in it. (Our parents bought only 30 cents from grandmother). But grandmother's 12 cent land attached to it. So that makes total of 42 cents, where my Parents had also built one house on it in the same year. 

My grandmother died suddenly in 1987, without writing a will. She had 6 children (2 sons & 4 daughters).Out of them, only my mother and one of her youngest brother are alive now. Her brother who is working in the Middle East who has given my mother his share of two cents as gift, and has documentary evidence for it. So my mother actually can claim for 4 cents at the moment.  (Out of Grandma’s 12 cents between 6 children of my Grandmother)

My Sister, at the time of her marriage, has already got registered 20 cents of land plus the ancestral house, and will get possession after my mother’s death. My mother, 76 years, still lives in this house they built, as our ancestral home.

My grandmother wanted to give my mother her share of 12 cents, however never documented it.

Now my mother wants to give her share of 2 cents plus her brother’s gift of 2 cents to me as gift.

As this 12 cent was always attached to my mother’s property, out of which 4 cents is legally hers now. Remaining 8 cents as she had till now sweat on it and had the benefits from it so far, for last 45 years till now, is there any possibility of attaching the remaining 8 cents of land to my mother’s name.

There were 19 children from my mother’s expired siblings and out of it, 3 of them too died already.

My mother is suffering from a rare disease Myasthenia Gravis, for the last 6 years, for which she has had to spend quite a bit of money. For her treatment, our mother had sold 10 cents land in 2013.

So now, excluding 20 cents and house which is my Sister’ share, only the 12 cents remaining which is supposed to be my Grandmother’s share.

She still continues to pay relevant land taxes to the government for the last 45 years. She is enquiring the possibilities of her ownership of the remaining 12 cents within land property laws and regulations.

I trust it got the clarity now. If you have further questions, kindly post the same and I am happy to provide the complete assistance that required.

Many gratitude and thank you for the support.

Truly your’s

Mahesh.

Is Mahesh governed by any of the special laws of succession in Tamil Nadu, Kerala?

If they are governed by ordinary Hindu Law of Succession, situation is different. Kindly clarify for appropriate solution to your problem.

Dear Sir

Attn. Mr. Krishnapur Ananth Nagamani

Good Morning

Thank you very much for the reply on my mother’s property issue.

Sir, we have not made any attempts through advocates or court on this matter earlier. This is our first step on this issue for justice.

Kindly advice any further clarity required on the matter.

Awaiting your valuable feedback.

Have a great day.

Truly your’s

Mahesh.

did your grandmother inherit it from her husband/father/mother or is it her self acquired property? did she get it by a testamentary will ? or did she get it by a gift deed?

if it is her stridhan property, then her surviving daughters will inherit. as limited owners.

if it is inherited property then under S. 15 of Hindu Succession Act, her sons, daughters, the children of such son or daughter who predeceased the female shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

i hope you have not posed an idle/roving question and facts are true.

The extent of property being only 12 cents, it is better to have a family settlement with the grand children off spring of pre-deceased sons and daughters and surviving sons and daughters of the deceased lady

Thank you for the immediate reply sir.

The grandmother inherit the said property from her mother as her share.

And our mother got 13 cents as her share adjacent this property but this 12 cents were grandmother’s name since long back.

On1972, while our parents purchased 20 cents adjacent all these property and built a house and lives there. Since then the taxes (including grandmother’s 12 cent even not the owner) were paid by our mother.

Sir, the settlement process with the grandchildren is not practical as all of them are spread over the corners of the world and not possible even for a getoghter. If we suggest this proposal to them, no one will respond properly and we have tried twice earlier. Hence the request.

Truly yours Mahesh.

hundred cents make one acre; total land is not even half acre; enjoy the land as it is; only if u want to sell the land u need title; so far as ur purchased 30 cents is concerned ur mother has her title; there is not much land to go into litigation.

Thank you sir for the comments given.

However, I am so glad to bring your attention on a couple of points appended.

Since our grandmother’s unexpected death; our mother was trying to get concern from her siblings, but it has not being successfully worked so far as most of them are not gather together at a time. Actually everyone had intention to settle this issue in common talks but not working individually even some of them were double minded when she approached personally many time earlier. But, presently 4 siblings has got expired and their kids (19 people), 4 among 19 people too passed away and they have got around 13 kids. Getting settlement from everyone is not practical since they were settled different places in the world as I mentioned earlier.

The actual intention of our mother is to build a small home to her authorized 4 cents (out of 12 cents) and if it may extend to a few portion towards the grandmother’s land (8 cents) while complete the construction, is there any provision for legal assistance which is support to her plan? Actually she need to help me out to build a home/land and she is seeking the merit of this proposal. Even she is worried about my homeless/landless situation of family with 2 kids.

Kindly note that this land a panjayathu/village area and no proper way/path (outsiders except mother) to come in the said plot (grandmothers of 12 cents). Kindly refer the diagram below that may get more clarity about the plot.

I trust you may got more clarity than the previous descripttion.

The documents available with us are below:

1. Copy of Pramanam (land document) for 42 cents.
2. Copy of mother pramanam for the complete land across the area.
3. The document for 2 cents, her brother gifted in 1989.
4. Documents for the tax paid in every year.

We really anticipating a rear area of legal expectation on the above matter and much happy to hear your findings and advise.

Thank you for the support.

Truly yours

Mahesh.

Dear Sir

Good Evening

I trust this email finds you well.

Sir, my leave has being approved by the employer for 3 weeks during the month June 2018. Hence, I am travelling to Kerala on first week of June.

I am very much interested to meet you and proceed my mother’s wisdom on the property legally on the lights of your valuable advice. Even if I am unable to finalize the issue during the 3 week time, I hope I can initiate the procedure with your guidance.

Kindly requesting you to allow us to meet and discuss personally with you at your office.

I will call the junior advocates on the given number and make an appointment immediately I reach.

Thank you for the usual support.

Kind regards

Mahesh.