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akshayvs (head)     18 January 2014

Uncle claiming land transfered by great grandfather to fathe

DEAR MEMBERS ;

I AM IN A VERY PROBLEMATIC SITUATION RIGHT NOW .LET ME EXPLAIN MY STORY

 

MY GREAT GRANDFATHER HAD 3 SONS AND HE DISTRIBUTED HIS LAND AMONGST THEM .OUT OF THESE 3 SONS ,ONE WAS MY GRANDFATHER WHO WAS A ALCOHOL ADDICTED PERSON. BYE THE FEAR OF HE SELLING THE LAND FOR HIS ALCOHOL ADDICTION , MY GREAT GRANDFATHER TRANSFERED THE LAND TO MY FATHERS NAME. THE 7-12 UTTARA HAS THE NAME OF MY FATHER ON IT AND NO ONE ELSE.

WHEN THIS TRANSFER TOOK PLACE, MY UNCLE WAS NOT BORN AND HENCE HIS NAME WAS NOT MENTIONED ANYWHERE IN THE DOCUMENTS. MOW MY UNCLE IS CLAIMING HIS RIGHT IN THIS PROPERTY AND DEMANDING 70 % PROPERTY AS HE IS UNEMPLOYED. DO HE REALLY HAVE ANY RIGHT OVER THIS PROPERTY ?? 



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 9 Replies

adv.raghavan (Advocate,9444674980)     18 January 2014

If it happens to be a self earned property of your GGF, and if he has transferred your GF rights to your father through registered document, your uncle cannot claim any share in it.

akshayvs (head)     18 January 2014

Sir,  it is not self earned property for my greatgrandfather. He received it from his father....... My GGF made sure that my grandfather  had no rights on the property and transferred the rights to my father.... But my uncle was not born then.... Now he is claiming share...  Apart from this,  my father is not by our side,  he want to give the entire property to my uncle... Can i legally fight? 

And does my uncle really have any rights on the land... Please hwlp... Thank you 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 January 2014

there are some methods of transfer the property that is sale deed ,gift deed ,and also will deed ,which deed of documents you have ? As per the deeds title the rights can be established.

adv.raghavan (Advocate,9444674980)     18 January 2014

Yes  i am  endorising the view expressed by the above expert, i too insist the kinds of documents you have in this regard to advice further

Ms.Nirmala P.Rao (CEO)     18 January 2014

If it was your grand father's self acquired property, your uncle has no right in that. Otherwise he has.

T. Kalaiselvan, Advocate (Advocate)     18 January 2014

While I agree to my learned friends' Mr. Raghavan and Mr. Ramachary with their opinions, I would like to add that:  though the property belonged to the father of GGF, it was eithr inherited or duly partitioned share of GGF who had full rights to dispose the property as per his desire, thus he partitioned the property among the two grand fathers and the querist's father.  Thus the property now has become the father's own and exclusive property upon which he has full rights for disposal as per his desire.  Therefore I am afraid that the querist may not have any coparcener right or interest over the property.  In the same line, his paternal uncle also may not be entitled to any share on the basis of coparcenary rights.

akshayvs (head)     19 January 2014

Thank you Mr kalaiselvan for the reply,  

I would like to ask is there any legal way by which me or my mother could claim any share in this property? 

Sudhir Kumar, Advocate (Advocate)     15 April 2014

nothing more to add

Sudhir Kumar, Advocate (Advocate)     15 April 2014

connect

 

https://www.lawyersclubindia.com/experts/rights-of-brother-on-my-property--448121.asp


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