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kamal (software engineer)     01 November 2020

Stop property transfer

My mother is one of the legal heir for my grand fathers property, he wrote a will and registered in 2008 and died in 2010. As per will my mother should get 2 acres of land after my grandmother but in the mean while my grand mother(GM) will not have any aurothoity to sale or taking a loan except cultivating it. Now GM is trying to transfer it to her son, how to prevent it. When we appoached MRO( Mandal Revenue officer (, he said he will only consider Passbook and do property trasfer and need to settle this in court.

Please suggest next steps, any suggestions is appreciated.
PS: The property is in Telangana



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 5 Replies

G.L.N. Prasad (Retired employee.)     02 November 2020

Contact a local advocate and explain facts to him and issue a notice to her against making such illegal transfer as her rights are restricted only for enjoyment during her lifetime only.

P. Venu (Advocate)     02 November 2020

What, exactly, is the bequest

 Please post simple facts avoiding assumptions and presumptions.

Dr J C Vashista (Advocate)     03 November 2020

It would be better to contact and consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

kamal (software engineer)     03 November 2020

Thanks for your replies, will definitely engage a local lawyer for the same.

@P. Venu sir,

My grandmother is staying with my uncle and she is not willing to give land to my mother and making arrangements to transfer property, This information is known by the entire village and we are confident that they are taking making necessary steps to property transfer. 

my mother doesn't want to lose any of the lands and looking for advice, how to proceed for the same.

 

 

P. Venu (Advocate)     22 November 2020

The facts posted suggest that your grandmother has only a 'life interest' in terms of Section 14(2) of the Hindu Succession Act. After her lifetime the property will be vested with your mother absolutely.

She cannot transfer, gift or otherwise alienate or create encumbrance on the property. If unavoidable, approach the Court and secure an injunction. Even if the property is transferred or encumbered, such transactions are voidable.  

You may take steps to ensure that the revenue records show the correct position and carryout amendments in the mutation. if so required. Even otherwise, entries in the revenue records do not constitute absolute title to the property.


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