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Kaustubha (Branch Secretary)     13 April 2012

Agriculture land

Hi,

My maternal grandfather had purchased agrucultural land in 1960 and he died in the year 1965. This land is originaly purchased in name of my grand mother and my mother which is mentioned in the agreement.  My mother and my grand mother were completely unaware about this deal. In 2006 we come to know regading this land. In the same year two uncles of my mother have added their name without consent of my mother, as my grand mother was expired in 1992. Kindly suggest which legal procedure do we follow to remove their names from 7/12 extract. And to keep only my mothers name.

Thanks

Kaustubha



Learning

 5 Replies

Deepak Nair (lawyer)     13 April 2012

The insertion of names of your uncles are legal. Because, after the death of your grand mother, all her children gets equal share on her share of the property.

For instance, suppose the area of land is 2 acres. Your mother and grand mother are co-owners i.e. their share will be 1/2 each.

On your grand mother's demise, her children, i.e. your mother and uncles become eligible for the 1/2 share of your grand mother.

Thus, out of the 2 acres, 1 acre will entirely be your mother's. The remainign 1 acre will be equally devided among the children of your grand mother.

Kaustubha (Branch Secretary)     13 April 2012

Thanks for a promt reply.

But there is a some misunderstanding. The problem is uncle of my mother have added their names in the 7/12 extract, is that legal ?

bhagwat patil (Property due diligence 9422773303)     13 April 2012

If your grandfather were HUF Karta of the joint family with his younger brothers it is possible.

Deepak Nair (lawyer)     14 April 2012

Yes. The insertion of their names in 7/12 is legal.

Please check in the siad 7/12 extract and verify the quantity of shares of your mother and uncles.

Kaustubha (Branch Secretary)     19 April 2012

Dear Sir,

I have checked, there is no HUF. My grandfather had purchased the land and he has nominated my mother & grand mother as a nominee. There is no relation of my mother's uncle in this land.  


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