Sale of agriculture land in uttar pradesh
bunty
(Querist) 19 August 2013
This query is : Resolved
My grandfather want to sold a agriculture land which is situtated in uttar Pradesh . he has two sons . my father and big uncle. Can he able to sale this land.
Is there any right of my uncle that he can objection in sale of land ?
He wants to give this property to my father in one option, and 2nd option he wanted to sold the land.
Please give me suggestion in both cases. So that my uncle family can’t object/ or can’t create any objection.
prabhakar singh
(Expert) 19 August 2013
Your grandfather just now must be recorded as bhumidhar/or sirdar ,both enjoy transferable right of gift sale or testamentary succession.
It is material to know if the land are ancestral and before Zamindari abolition was recorded as 'sir or Khukasht' in name of your ancestors,if yes,your uncle can claim coparcenary right in the land and for his share can ask for partition too,otherwise going may go smooth for sale to strangers,or gift to your father.
Get record of rights before Zamindari abolition inspected.If your family were Zamindar then chances of land being 'Sir or Khudkashta' are greater but if currently the land is recorded as sirdari,chances of there being sir khudkasht are bleak.
bunty
(Querist) 19 August 2013
this is ancestral land property sir ,
prabhakar singh
(Expert) 19 August 2013
Then make an inspection of old records(records before Zamindari abolition)to ascertain if these were SIR or KHUDKASHT at then,in case your family was Zamindar.
bunty
(Querist) 19 August 2013
so can he transfer by way of gift deed?
prabhakar singh
(Expert) 19 August 2013
You are not responding to my queries yet intending to have a desired answer which may land you in unnecessary litigation.
Were your ancestors Zamindar in Zamindari time is my first question?
Were these lands were recorded as SIR OR KHUDKAST OF ANCESTORS in zamindari period is the second question?
I can not say to go ahead unless you reply me about these two questions.
bunty
(Querist) 19 August 2013
THIS LAND IS SIR OR KHUDKAST OF ANCESTORS in zamindari period
Raj Kumar Makkad
(Expert) 19 August 2013
As this is an ancestral land, your grand father ca neither exclusively sale it nor can transfer in favour of your father as your ucnle has also a tight thereon.
Raj Kumar Makkad
(Expert) 19 August 2013
Once a land attains the ancestral property in the hand of the owner, it has to be transferred in the same way among the legal heirs of deceased Hindu.
prabhakar singh
(Expert) 19 August 2013
As you admit without inspection of records that it was SIR or KHUDKAST ,without hesitation i would say your uncle can stake a claim,though section 49 of U.P. consolidation Act may come as bar in his way as consolidation has gone completed twice in U.P.yet he has a valid reason to plead his father's name in the record of rights is as khatiran(honorary)as karta khandan.
prabhakar singh
(Expert) 19 August 2013
You seem to be short cutter.Buy one and get world free looks to be BUNTY style?
bunty
(Querist) 26 August 2013
how can executed gift deed for the property in uttarprdesh in sultanpur jilla.
can my grand father excuted the gift deed of this property to my father name from kolkata?
