Ancentral property

Shiva (Querist) 06 May 2013 This query is : Resolved
Hi

My Grand father has one brother both devided their property in 1956,

Later my grand fathers brother got job and well settled.

My Grand fathers brother made his property to his elder brother(My grand father) in 1978.

My father was cultivating the land since 1978

now my father & Grand father snd My grand fathers brother also expired.

Very recently My grand fathers brothers LR's claiming that we have gulped their property.

and suit filed in the court.

My Question is how they can claim their property where his father himself transfered the property to my grand father.

the property transfered to my grand father in 1978 later that property came to my father now on my name.

The case is filed in the court last month kindly help me

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Shashikant V. Patil (Expert) 06 May 2013
Transfer and possession are two different things. Please check up old land record since 1956 and further in 1978, how your grandfather's brother made his share on your grandfather's name ? All those records to be scrutinised first. If it is not transferred and seen undivided then their claim stand entitle.

prabhakar singh (Expert) 06 May 2013
While you state"My Grandfather's brother made his property to his elder brother(My grandfather) in 1978."YOU HAVE NOT TOLD THE MODE OF TRANSFER
In absence of such information merit of claim made by them can not be judged.

Shiva (Querist) 06 May 2013
in 1956 they have got their shares but later My Grand Fathers brother got job and well settled then he himself made the property to My grand father's name through Mutaion and after 30 days it get approved and in Record of Rights my Grand fathers name appeared in 1978. in 2008 My Grand fathers so came into picture to ask his fathers property but 35 years why they kept quite??

prabhakar singh (Expert) 06 May 2013
That is the cause of litigation.His name was dropped without any valid mode of transfer.

Shashikant V. Patil (Expert) 06 May 2013
Go through the Mutation details if available to find out mode of transfer i.e by sale deed, gift deed or relinquishment deed. If it is so may be advantageous for you.

Shiva (Querist) 06 May 2013
in mutation it is very much clear saying that he is happily surendaring his property to my grand father

P. Venu (Expert) 06 May 2013
The Apex Court has held in Sawrni vs. Inder Kaur 1996 SCALE(6) 333

"Mutation of a property in the revenue record does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue in question."

Shiva (Querist) 06 May 2013
how can i win this case any strong acts or suggestions from you sir...

prabhakar singh (Expert) 06 May 2013
And the Apex court has rightly held so and there are consistent citations.

Unless you prove their complete ouster by hostile over acts of your's, which in any case would be hard nut to crack for a co owned land,it would be not a case to win.

Shiva (Querist) 06 May 2013
Tenant act, or gap of 35 years not turning back is not applicable

prabhakar singh (Expert) 06 May 2013
In which state land is and which Act applies?

Shiva (Querist) 06 May 2013
Karnataka Land Reforms Act, 1961, came into force on 2-10-1965

Shiva (Querist) 06 May 2013
The Karnataka Land Reforms Act, 1961, came into force on 2-10-1965. The Act was in execution of the policy of agrarian reforms and was intended to give ownership of the land to the actual lawful tiller and to avoid absentee landlordism. Certain revolutionary amendments were made to the provisions of the Act by Act No. 1/1974, which came into force w.e.f. 1-3-1974. The Land Reforms Act so amended is relevant for the purpose of this case. According to the Land Reforms Act as amended, all agricultural lands which were under cultivation by the tenants as on the appointed date i.e. as on 1-3-1974 stand vested in the State Government under Section 44 of the Act, Section 45 of the Act provided for registering the tenants as occupants of the agricultural lands of which they were the tenants.

R.K Nanda (Expert) 06 May 2013
consult local lawyer.

P. Venu (Expert) 06 May 2013
More than a question of law, this is a malady that has arisen from the exponential increase in land value and along with it, the changing matrix of family relations. In the past, agricultural land in villages were of negligible value for those well settled in urban areas and they were comfortable in their brothers or cousins having all the ancestral property. But this no longer the case due to escalating land values.

prabhakar singh (Expert) 06 May 2013
So you were registered as occupant tenant under section 45 on the basis of previous exclusive entry against which other party did not object.

Shiva (Querist) 06 May 2013
There was no objection

Shiva (Querist) 06 May 2013
No objection from the plent about 35 years

prabhakar singh (Expert) 06 May 2013
That counts a lot in my view but i advise you to take an opinion from a good senior of Karnataka's revenue law practitioner for i being from U.P. can not claim to have a final say over a state matter of Karnataka.

Shiva (Querist) 06 May 2013
Yes sir I do follow your instructions.
May I know any of your friends who is Senior of Karnataka's revenue law practioner in Karnataka by any chance. It will be great help for me....

prabhakar singh (Expert) 06 May 2013
i am so sorry,i do not know any?
you may search database here for that.

Shiva (Querist) 06 May 2013
Thank you so much sir, I will be in touch with you for further proceedings of the case

prabhakar singh (Expert) 06 May 2013
okay!you are welcome!

Raj Kumar Makkad (Expert) 07 May 2013
No more to add.

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