Land case -tamilnadu
vanmathi
(Querist) 25 October 2011
This query is : Resolved
Land case –Tamilnadu
One land purchased by my grandfather one person ( oral purchase – no document – before 45 years) . but patta transfer in the name of My grandfather . This land now my father shares oral partition from my grandfather.
1. If self acquired by my grandfather now owner is my father.
2. I am son & my father decide gift to this land .
3. Also my two sisters file suit demand this land her share ( they assumed its ancestral property) My questions
a. How can I Proof in this assts my grandfather self acquired property.
b. My father gifted to me is valid or not?
c. After gifted to me , shall I eligible to sale this property .
d. Our sisters suit affect in any way of transfer my grandfather to my father name also gifted to me.
(Hints -My grandfather is dead 1987 also my grandmother 2002, grandfather sons 3 (incl my father) This land purely my fathers share oral partition from my grand father- that land previous owner wife alive )
prabhakar singh
(Expert) 25 October 2011
a]first proof that the property was not recorded in name of your great grand father at any point of time,this you can do by showing records of right extracts where the property was recorded in real owners name before your grand father's name came to be recorded in their name place.
b]your father got it from his father,hence property in your father's hand is ancestral.He has right to gift it.But gift has to be made by a registered deed accompanied by possession duly attested by two attesting witnesses and duly accepted by you as laid in Transfer of Property Act.
c]yes.
d] no.
THE INITIAL BURDEN OF PROOF THAT IT WAS YOUR GREAT GRAND FATHERS PROPERTY HENCE ANCESTRAL IS UPON YOUR SISTERS,AND TO PROVE CONTRARY IS YOURS AND THE WAY YOU CAN DO SO IS STATED ABOVE IN ANSWER TO a].
vanmathi
(Querist) 25 October 2011
Dear Sir
At the time of name transfer to my father name any previous registration documents number is needed or not? pls reasons
vanmathi
(Querist) 25 October 2011
Respected Sir
My position in this case - x grand father, y – my father (son of x), z , my self (son of y) also a&B daughter of y.
prabhakar singh
(Expert) 25 October 2011
Without that how records of right could change??
If it has stood changed ,no problem .
I have understood the genealogy right at once before you told me x is your grand father,y is your father.y has 01 son [you] & 02 daughters a&B[your sisters..
vanmathi
(Querist) 25 October 2011
Dear Sir , I am not able to under stand THIS Para
THE INITIAL BURDEN OF PROOF THAT IT WAS YOUR GREAT GRAND FATHERS PROPERTY HENCE ANCESTRAL IS UPON YOUR SISTERS,AND TO PROVE CONTRARY IS YOURS AND THE WAY YOU CAN DO SO IS STATED ABOVE IN ANSWER
prabhakar singh
(Expert) 25 October 2011
I MEANT THAT SINCE SUIT IS BY SISTERS THEY WILL HAVE TO PROVE FIRST THAT IT IS ANCESTRAL PROPERTY.
THE PROPERTY CAN BE CALLED ANCESTRAL IN YOUR CASE ONLY IF IT BELONGED TO YOUR GREAT GRAND FATHER FROM WHOM YOUR GRAND FATHER INHERITED,
BUT THAT IS NOT THE FACT IN YOUR CASE.HENCE YOUR SISTERS CAN NOT DISCHARGE THEIR INITIAL BURDEN OF PROOF THAT IT WAS ANCESTRAL PROPERTY. WHILE YOU CAN PROVE THAT BEFORE YOUR GRAND FATHER THE PROPERTY WAS RECORDED IN NAME OF PERSON OUT SIDE YOUR FAMILY TREE [GENEALOGY]FROM WHOM IT CAME IN YOUR GRAND FATHER'S NAME.
vanmathi
(Querist) 25 October 2011
Only previous owners wife at present alive . said property oral purchase . in what the way legally prove it is self acquired by grandfather . but patta is in the name of my grand father.
prabhakar singh
(Expert) 26 October 2011
"patta is in the name of my grand father."
sufficient evidence,besides his widow may depose if any need arises.
Guest
(Expert) 26 October 2011
BASED UPON THE GIFT DEED YOU CAN DO ANY THINGS. THE PROPERTY IS IN POSSESSION IN ENJOYMENT MORE THAN STATUTORY PERIOD. YOU HAVE PERFECTED THE TITLE.
vanmathi
(Querist) 29 October 2011
My Grandmother also died
