Transfer of land from father to son
deepak singh
(Querist) 31 January 2017
This query is : Resolved
Hi,My Grandfather died in 2014. My father want to transfer the land on his name.He had one brother he died in 1989.father's Brother had a wife and two children,but she married other man and both children were adopted by her new husband and both changed the name.My father went to tehsildar he asked to get one document signed from sarpanch but he denied as ,brothers two children came to claim the property to sarpanch by giving letter and given false identity in letter by giving our family name.Brothers wife also died 5 years back.What should be done to transfer the land on fathers name?
Kumar Doab
(Expert) 01 February 2017
It is believed that you are all Hindu/Hindu succession laws shall apply in your case.
Confirm!
Kumar Doab
(Expert) 01 February 2017
It is believed that the entire property in the hands of your Grandfather was self acquired.
Confirm!
Kumar Doab
(Expert) 01 February 2017
The estate/property of a deceased Hindu Male devolves firstly and equally upon his ClassI legal heirs i.e; Mother, wife, sons, daughters, Son/Daughter of a pre-deceased son (per-deceased means “already Dead”), Widow of a pre-deceased son…………….
Thus share of brother that died in 1989 shall be equally shared by his legal heirs including wife, two children as posted by you. It is inheritance. The property acquired by inheritance is of nature of self acquired.
The share in father’s ( out of grandfather’s property) estate/property was vested in two children ( of your brother) before adoption, as posted by you.
Rests are facts and details of your matter that you may relate.
Hindu Adoption and Maintenance Act 1956
Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.
Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.
Kumar Doab
(Expert) 01 February 2017
What is this document that Tehsildar asked your father to get from Sarpanch?
Why did Sarpanch refuse?
The absolute/self acquired estate/property of a deceased Hindu Female devolves firstly and equally upon her i.e; husband, sons, daughters,
The estate/property of a deceased Hindu Female that she acquired from her husband devolves firstly and equally upon her i.e;, sons, daughters,………….
Thus share of deceased wife of deceased brother shall also devolve equally upon her two sons.
Rajendra K Goyal
(Expert) 01 February 2017
The brother and his wife was no more in 2014 as mentioned by you she died 5 years back.
In such circumstances share of brother would devolve in his children.
Kumar Doab
(Expert) 01 February 2017
Dear Mr.Rajendra K Goyal,
Missed to note by oversight.
"Brothers wife also died 5 years back."
Regret the error.
Thanks for correction.
P. Venu
(Expert) 01 February 2017
Revenue Officers have no authority to effect transfer of land.
The property is now vested with the legal heirs of your grandfather. It is a question of facts as to who are such legal heirs vested with title in the property. In case of dispute, only a civil court has the jurisdiction to decide the matter.
J K Agrawal
(Expert) 01 February 2017
the property which is ancestral in hands you grand father - the sons of your uncle have vested interest and they got right on same day they born.
In self acquired property of your grand father, your uncles sons have no right if they have been validly adopted by any body else before 2014. No valid adoption will entitle them right in property. It makes no difference that their mother married to any body else or not.
