Claim grandfaters property
sreekanth
(Querist) 20 November 2013
This query is : Resolved
Respected Sir's kindly advice me on the following
My grand father has three sons including my father. My grandfather purchased a property (2 acers) in the year 1975 through unregistered sale deeds, ever since my grandfather has been in peacful possession. the vendor's of my grandfathers also accepted the fact they sold it to my grandfather and they have no claim whatsoever. My elder paternal uncle who is an advocate himself who had the custody of the said documents(sale deed), obtianed thumb impressions of my grandfather when he was under the influence of liquor, the very next day my gradfather died due to high Blood pressure,my elder paternal uncle created a unregistred-giftdeed in his favour on the thumbimpression he took from my grandfather( he accepted in the giftdeed
that my grand father has three sons).He then behind our backs alone had claimed occupancy rights for the said land under section 8 of abolition of inams act
1955(Andhrapradesh) as the successor in intrest and got the same mutated in the MRO records as the pattedar in the year 1993.My elder paternaluncle then sold away the said
land partly in the year2004 which is his share to the hotel and rest of the land which is our right ful share he gifted the same to his daughters intially later after couple of years they too sold to the same hotel.
Question
1) what is the correct legal remedy to claim our fair share (partition suit ?)
2) Can my elder paternal uncle claim the title on the grounds of adverse possession as against the co-owners, since the title was in his name for 12 years before he sold it to thrid parties
Nadeem Qureshi
(Expert) 20 November 2013
contact a lawyer personally along with the documents for best advise
ajay sethi
(Expert) 20 November 2013
what were you doing for so many years ?it appears your grand father died in 1993 .
on death of your grand father all his 3 sons would have 1/3rd share in property . the gift deed in order to be valid has to be duly stamped and regd . you ought to have challenged the gift deed allegedly made by your grand father .
file suit for partition . gift made by your uncle to his daughters can also be challenged as he had no powers to gift the land .
sreekanth
(Querist) 30 November 2013
I Thank you all for your valuable advices, Sir will i be hit by any article of limitation act if i file a partition suit,since the property has already been sold.like if i file a suit for partition will article 59 bar my partition suit since the property is sold to third parties .
