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(Guest)

Property relaeted

Hi Sir/ Madam,


This is Madhukar from tirupati. I hvae a problem regarding property in village near to Srikalahastri, Andhra Pradesh.

My Mother is only child of my grandparents, and my grandparents has a land of 1.2 acre in the village, one house and a site of 2000 sq.ft adjacent to highway. The problem is my mother's brother ( he is not actual brother , he is my mother's father's brother's son) is demand for the property. We have given our land for cultivation to one of our relatives and now my mother's brother is not allowing them to cultivate and he is demanding for 0.7 acre of land. he is demanding the property as a compensation becoz he carried my grandmother's final rituals as my mother is only child for them. he is torturing us for propety as a compensation for conducting the rituals. Already we have given him 2.5 lac property for conduting rituals as word of mouth.

The land has been registered in my mother name 2 years back and we have the original documents. The house and the 2000sq.ft site are not registered as the village does not come under any municipality.

We didnot have any written agreement for compensation with him for carrying out rituals. 

He torture my grandparents a lot when they were alive. My grand father's family was a joint family and they got divided into two and shared the property between them. My grandfather has more property to his brother as they had more childern.

1. Now can I file a case against him in police station ?

2. If i goto court will the court favour my mother and how many months does it take to clear the issue ?

Please help me out in this issue . 

I am  thanking you in advance.

 



Learning

 4 Replies

Advocate Rohit (Advocate)     16 October 2012

Dear Madhukar,

 

You need to go to the talathi's office and produce the death certificate of your grandparents for showing that the original owners of the property have expried and ask your mother to carry her photo id proof alongwith her birth certificate to show that she is the legal heir of the her parents. then the talathi shall include your mother name in the land upon which your house is situated at and alongwith the other 2000 sq. ft. area of land.

 

Regards,

Advocate Rohit Dalmia

Mumbai

9324538481


(Guest)

Thank you very much sir. 

my grandfathers property is very old one and there are no proper documents for house and 200 sq.ft site. Already the 1.2 acre of land is registered in my mothers name. I have applied for change of name in the passbook of land also ( for mutation). He is not allowing us to  plough our land  even though we have original registered documents with us.


(Guest)

 

Thank you very much sir. 

my grandfathers property is very old one and there are no proper documents for house and 200 sq.ft site. Already the 1.2 acre of land is registered in my mothers name. I have applied for change of name in the passbook of land also ( for mutation). He is not allowing us to  plough our land  even though we have original registered documents with us.

S Jadhav 98336 98330 (Jadhav & Associates)     16 October 2012

Madhukarji,

There are two parts to your story though it is all related to the property.

First part, if a person harasses you and tries to illegal stop you from doing something, you should go and file a FIR with the police station. You may also submit a copy of the 7/12 extract at the police station to show that your mother is actually the owner of the land and hence she should eb allowed to cultivate it and your uncle should eb stopped from harassing a widow. You may use Acts such as DV Act if required as the harassment may come under it.

Second part, please do as Adv Rohit has suggested. That is, submit an application to the talathi to include your mother's name as heir after your grandparents as she was the only daughter.

Please do this at the earliest. 

S Jadhav


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