Hi
My name is ****** I am writing this mail seeking legal advice from you regarding a property. My father and his two brothers purchased 3 acres land in 1980’s and registered it on nameof 9 persons ), to protect land from urban land cealing act. ( 9 are our family members 1,2,3,4,5,6 paternal relationship 7,8& 9 are maternal relationships of of 3 families).
1. My mom holds 0.37 acre,
2. my Aunt (fathers elder brothers wife) holds 0.37 cents,
3. my Uncle holds 0.37 cents (my fathers younger brother) (1,2,3 are alive this property is secure)
4. My father’s mother holds 0.37 acre (my grand mother died 4 years back without writing will) Apart from my father and his 2 brothers, my grand mom has a daughter who passed away before registration of this land however my aunt has two kids (1male,1 female) now her husband is alive got married to another lady =0.37/4=0.0925 acre for each kid so my question is Questions 1: which one would be best option for us to get our property back from my fathers –sisters- husband and kids (relinquishmnet or gift or sale deed which one is securewithout future reclaming) 2. ( once we get this property to family 1 of three in the family should take this 0.37 acre so can rest of the people relinquish the property to one of the brothers among three without any future litication note: my father has 3 kids, uncle 3 kids, younger uncle 2 kids so should evry person sign to relinquish the property to one of us for no future litication)
5. My grand mothers father ( our great grand father) has 0.37 acre he died 13 years ago he has 2 kids my grand mom (above mentioned lady) and a surviving sister with no kids and her husband died long ago ( her husbands sisters -sons –wife,son and daughter are alive even though they are noway related to this property will they get rights on this property) Question can my grand mothers sister relinquish or gift this property to us without signature of his husbands sisters grand children( if in case she has adopted a son does adopted son need to sign while relinqishing or gifting the land to us.Question relinquish , sale deed or gift which option would be fine) ( once we get this property to family 1 of three in the family should take this 0.37 acre so can rest of the people relinquish the property to one of the brothers among three without any future litication note: my father has 3 kids, uncle 3 kids, younger uncle 2 kids so should every person sign to relinquish the property to one of us for no future litication)
6. My grand mother’s sister the above mentioned lady holds 0.20 acre can she relinquish or gift the property to us question: ( if in case she has adopted a son does he need to sign too while relinqishing or gifting the land to us)
7. 0.21 acre of land was registered on name of my mothers brother my maternal uncle he has a son now can he relinquish or unconditional gift the land to us or sale deed is appropriate without future litications ( is his sons signature required to gift or relinquish)
8. 0.37 acre was registered on name of my aunts fathers name ( my fathers elder brothers wifes father) he has 2 more kids apart from my aunt He died 2 months back can my aunts siblings relinquish or gift the property with out any future litications.my aunts siblings have children too do they need to sign for relinqishing or gifting the land back to us
9. 0.37 acre was registered on name of my aunts fathers ( my fathers younger brothers wifes father) he has 2 more kids apart from my aunt He died 8 years back can my aunts siblings relinquish or gift the property to my aunt with out any future litications. my aunts siblings have children do they need to sign for relinqishing or gifting the land back to us
Questions: Note: 1. Source of income for purchasing the land was not mentioned in sale deed while registering it for any of the above people so can it be considered self aquired property. However a small piece of information is mentioned in documents like my mom lives on father’s income, my great grand father lives on his agricultural income but it is not mentioned that they purchased land from which income. Hope you understood.(nature of source of income is unclear in documents)
2. can gifts be reclamied after registration if donars financial position is bad in future or can his sucessors claim it same question with relinquishments can they be claimed back due to bad financial position of person who relinquished the property (if they can claim back is there an alternative way for us to register these landsback like sale deed which is going to be expensive for us)
I understand that the above discussion is bit hectic your inputs are appreciated with greatest respect
