• Claim on agricultural land

My father has purchased the agricultural land in my village with the name of my grandmother. My father was in service so my grandmother used to live in village with elder brother of my father but my uncle has done the cheating and all the land which was on the name of my grandmother has transferred to his name through wasiyat and also done the mutation is the same. We were not aware with all these things and even we have not received any notice before the mutation of property after death of my grandmother.
After knowing all these things we have filed the case in revenue court (Tehsil) but after spending two and half year still we have not received the justice.now my father is also expired in accident and I am suffering from severe kidney disease and struggling for survival of my family. 
Please suggest the way forward and right direction so that I can get the justice. We have filed the case in Mahavan tehsil of Mathura district in Uttar Pradesh.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1. Well,since the properties were purchased in the name of your grand mother it was free on her part to transfer it to anyone she chooses.

2.Now fir this you were required to file a suit under Benami Transaction Act to get the proeprty of your grand mother declared benami.

3. Then you should have filed the suit to set aside the Will and the subsequent transfer.

So consult your local alwyer on this line.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. The land was registered in your grandfather's name and was bequeathed by him to your uncle. The will can be challenged by you on the ground that it was not executed by your grandfather with his free consent, but you will have to prove that your grandfather's consent was not a free consent.

2. You may also file a civil suit for declaration of title of your father to the property on the ground that the sale consideration of the property was paid by him and thus the property was benami. The receipts of sale consideration will have to be led in evidence to prove that the sale consideration moved from your father.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) your grand mother can by will bequeath property standing in her name to your uncle

2) if your father had filed suit for partition to claim share in land on father demise you have to continue suit proceedings

3)burden of proof is upon uncle to prove valid will was executed by grand mother

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1) you can claim share in ancestral land

2)if your able to prove that land was purchased in grand mother name by your father you can claim share in said land

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

The land that was bequeathed to your grandmother by your great grandfather cannot be challenged by you as she had an indefeasible right to transfer it to anyone she desired. The property that is bequeathed to someone becomes his separate property which he can transfer in the same manner as his self acquired property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The property purchased by your father on his mother's name shall be deemed as her own and absolute property. She has full rights to dispose the property in the manner she may decide, hence any suit claiming even a share may not be maintainable. Instead, you may try for out of court settlement through talks

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

As per law a property in the name of a woman shall be her own and absolute property. She need not provide the details of source of income.she can protect her interests in property under married women property act. Any case against it is not maintainable

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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