Land registered and mutated on my father name
Vivek Kumar
(Querist) 27 December 2019
This query is : Resolved
Respected sir, agricultural land registered on my father name in 1966, when my father age 2 years only. According to register sale deed my father is fully and only owner of agricultural land. Mutation record is my father name since 1966. Property tax paid my father since major age to till now 2019 continuously. Possession of land keep my father since his major age(more than 30 years) my grandfather died 22 years before. My father take a bank loan and KCC on this land. Land possession certificate is also my father name. Now problem is my father uncle and my father brother is claiming on land duly registered on my father name, can they take share on this land.....
kavksatyanarayana
(Expert) 27 December 2019
As the land is on your father's name, no one claims it.
Shailesh Kumar Shah
(Expert) 27 December 2019
In the given facts, no one has right on the agricultural land except your father.
Hemant Agarwal
(Expert) 27 December 2019
1. Title-Ownership of a Property is determined by:
a) Person who was paid for the acquiring the property
b) Land Cost MUST be reflected in persons Income Tax Returns.
2. In the case instant, Property was purchased by Grand Father (GF) in name of his minor Child (Father). Hence Father cannot classified as absolute owner of property, since Father, as a minor that time, did not have resources to purchase property. Here Father becomes the "ostensible owner" but not the Absolute owner.
3. IF GF had not left a WILL, bequeathing said property to his minor child (Father), THEN "ALL" the residual Legal Heirs shall have EQUAL rights on such property, irrespective of the fact that property is mutated in name of Father (minor), all these years.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Vivek Kumar
(Querist) 27 December 2019
1.But hemant Agarwal sir, what about benami sampatti prohibition act 1988..
2. According to sale deed my father is fully independent owner of this agriculture land.
3. My father has possession on land more than 30 years.
4. Property tax paying by my father more than 30 years to 2019 continuously
4. Land possession certificate given by government of this land is my father name
5. Loan Taken on behalf of this agricultural land buy my father 3 time
6. My grandfather never claim on this agricultural land on his lifetime
7. My father brother and my father uncle never claim on land previous 53 years, no after so many years they are challenging
8. The custody of deed Have keep my father
9. This land is separate patta of my father in mutation record
10. In survey record (khatian) land ownership is my father names
11. My father brothers and my father uncle have no paper of this land
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
The property was bought on your father's name by his father when he was a minor by age.
However the property shall be your father's own and absolute property and moreover the revenue records and other relevant records are on your father's name alone.
Therefore any claim made by his siblings for a share in the proeprty is not maintainable.
The lawsuit filed by them should be challenged properly because it is not maintainable and can be dismissed if contested strongly.
Dr J C Vashista
(Expert) 29 December 2019
The property was purchased in the name of your father, he has unfettered title (Ownership) rights despite the fact that he was minor at that point of time (when it was purchased). .
In such circumstances none else has right, interest, claim or title over the property.
It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents for professional guidance and proceeding.
Raj Kumar Makkad
(Expert) 08 January 2020
Those persons have no right, title or interest on the said land.
