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jagan (ade)     18 September 2014

Ancestral property

Sir,
we have ancestral property two grand fathers. One grand father has daughter another grand father has one son. out of 5 survey numbers she sold property of her share  in 2 survey numbers to third party. Remaining 3 survey numbers of agricultural land  by oral commitment she has taken money from  my grand father .
Since last 70 years 3 survey numbers land in our control . 2 years back grand father daughter died.

Now grand father daughter 's  son asking us to give share on 3 survey numbers.Pattadar passbooks of entire 3 survey numbers are in my name.Electricity connection also my name. They do not have any proofs.

Please advice, whether  he has right on 3 survey numbers!  we dig borewell and we are doing cultivation in remaining 3 survey numbers.
Regards,
Jagan



Learning

 11 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 September 2014

Dear Client,

How Two Grandfathers be there to a person?  One must be uncle out of that,  father or grand father only can be one.

Here two brothers were having some joint property of 5 survey numbers, as I understood, and they were having one girl and son each to themselves. The daughter sold the property of her share out of two survey numbers (not the whole property of 2 survey numbers as is mentioned "Share". And against out of the her share land in the remaining 3 survey numbers she has taken money from the grand father in lieu of her share obviously.

From last 70 yrs this 3 survey numbers of land is in ur possession and ur are cultivating and dwelling on that with the all records of mutation and revenue in your name and favour.This is the position at present.

Does any entry in the registrar office support your or their claim? As simple name in the revenue record do not establish the ownership it is only the sale deed or record of the registrar office of ownership establishes the ownership. Possession and cultivation can be done by the licencee or tenant also and he also can deposit the revenue of the land by himself as a right but can not claim the ownership right on that because of that In joint properties possession of a single joint owner person can be treated as the possession of the other's too.

They can demand their share of land from you at that will be exact 1/2 out of the total land which you possess in inheritance.

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 September 2014

Dear Client,

How Two Grandfathers be there to a person?  One must be uncle out of that,  father or grand father only can be one.

Here two brothers were having some joint property of 5 survey numbers, as I understood, and they were having one girl and son each to themselves. The daughter sold the property of her share out of two survey numbers (not the whole property of 2 survey numbers as is mentioned "Share". And against out of the her share land in the remaining 3 survey numbers she has taken money from the grand father in lieu of her share obviously.

From last 70 yrs this 3 survey numbers of land is in ur possession and ur are cultivating and dwelling on that with the all records of mutation and revenue in your name and favour.This is the position at present.

Does any entry in the registrar office support your or their claim? As simple name in the revenue record do not establish the ownership it is only the sale deed or record of the registrar office of ownership establishes the ownership. Possession and cultivation can be done by the licencee or tenant also and he also can deposit the revenue of the land by himself as a right but can not claim the ownership right on that because of that In joint properties possession of a single joint owner person can be treated as the possession of the other's too.

They can demand their share of land from you at that will be exact 1/2 out of the total land which you possess in inheritance.

jagan (ade)     20 September 2014

Sir,

Thanks for your reply. My great grand father has two sons. Those are  grand fathers. One grand father has son, another grand father has daughter. We are having land in 5 survey numbers in andhra pradesh.

2 Survey numbers  one grand father daughter sold our entire property. Remaining 3 survey numbers from 1914 year onwards no transactions done. Still land  in  3 survey numbers my great grand father name only.

My self is grandfather son,son, son. Now land is in my fathers name in revenue records both pattadar passbook, ADANGAL and 1-B books.

Now as per recent instructions from A.P.Govt If  PATTADAR PASSBOOK HOLDER only can do registration with another person , because survey number is in ADANGAL and 1-B .

As per your reply if  my father will give gift to that property to me than entry happens in sub registrar office. Is it valid solution or please how can  i proceed.

Regards,

Jagan 

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 September 2014

In above situation as per your own averments your father appears to be single name holder of the property in question ( of 3 survey numbers) as it appears in Pattedar's Passbook  where as entries in the 1-B and Adangal are for the revenue records of Mutation, however there also the name of your father appears; So in this case your father is absolute owner of the property and he is having all titles to go on with the property exclusively where as the nature of the property is ancestral only your father's legal heir's can claim their shares out of that property not of your Uncle's.

In fact the right way to get the property in your name is to get the one family settlement of the property by way of the relinqueshment deed signed by all the other legal heirs of the property in your name surrendering their rights in your favour.

Hans Raj (DEO)     22 September 2014

Sir,

               I am from Himachal Pradesh My fathers's Grandfather have three sons and two daughters. Elder one is my Grandfather further having two Sons (My father and my uncle) and a daughter. Other than the ancestral property my grandfather also purchased some land at different region and district. My grandfather has been torturing/exploiting my father since the childhood and did not pay any attention even to the education of my father. Due to Snake bite ( 22 yrs ago) and tortures by grandfather  My father's mental health is now not good  and grandfather has been threatening my family to debar from the share of land. Kindly guide me what to do to get the right share of land.

                                                                                                                                Hans Raj

                                                                                                                                AGE - 28 Yrs.

Hans Raj (DEO)     22 September 2014

Sir,

               I am from Himachal Pradesh My fathers's Grandfather have three sons and two daughters. Elder one is my Grandfather further having two Sons (My father and my uncle) and a daughter. Other than the ancestral property my grandfather also purchased some land at different region and district. My grandfather has been torturing/exploiting my father since the childhood and did not pay any attention even to the education of my father. Due to Snake bite ( 22 yrs ago) and tortures by grandfather  My father's mental health is now not good  and grandfather has been threatening my family to debar from the share of land while he is in favour of my uncle. Kindly guide me what to do to get the right share of land.

                                                                                                                                Hans Raj

                                                                                                                                AGE - 28 Yrs.

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 September 2014

Mr Hans raj,

If seriously you are looking for a good legal advise you have to contact us along with all the relevant documents at least once as there are many counter questions there to be asked with you for the good legal advise which only can be possible after a meeting or else you will get only half and not actual to the point guidelines for how you should go ahead to claim the property. 

Yes, in deed you have a good share out of this property ,which you have to claim through the court, for your kind information , we also operate in HP and having good network of our associates there, so you need not to worry at all.

You also can send me a PM (personal message) through this site or directly on advicelaw1@gmail.com .

T. Kalaiselvan, Advocate (Advocate)     26 September 2014

@Jagan: If your father's uncle's daughter. i.e., your second grandfather's daughter had sold her share of property after proper partition or after a family settlement?, if yes, the property now lying in your father's name will be his absolute property, if no partition was done and it was on an oral arrangement, the property now on your father's name will devolve on the legal heirs of your father too, i.e., on you, your brothers and sisters also. Under said situation, you are required to arrange for a family settlement or if all others agree to relinquish their rights, they must execute a registered release deed in your favor upon which you can hold he title to the property in entirety.

T. Kalaiselvan, Advocate (Advocate)     26 September 2014

@Hansraj: Firstly you should use a separate thread to post your query and not to come on other's thread with your own query.  From the given fact it is understood that your grandfather's father had duly partitioned his property among his sons, besides your grandfather has himself purchased more properties.  This indicates that your grandfather is having absolute title and full rights in the property therefore he can dispose the properties under his custody in any manner.  Better consult a good lawyer in the local and take his advise by narrating the situation fully.

jagan (ade)     26 September 2014

Sir,

Total 5 survey numbers land, In 1960 second grand father daughter sold property  in 2 survey numbers. Through oral arrangement  my grand father take 3 survey numbers, second grand father take 2 survey numbers. 3 Survey numbers revenue  passbooks, adangal , 1-b is my fathers name. Now second grand father daughter son wanted share in my property.Let me know how to deal this situation.

Regards,

Jagan

jagan (ade)     16 October 2014

Sir, On 08-10-2014 My self, my mother, brother went to sub-registrar office we made Partition deed.Pattadar passbook is in My mother name. In 1982 Pattadar passbook is in my fathers name,after my father died on 1983,Pattadar passbook came in to my mothers name. My Grand father daughter son has no proofs againest this property. Now he is planning to go court for partition deed along with injunction order. Under this situation what precautions needs to take from my end. Yours faithfully, Jagan Mohan Reddy.

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