Regarding land division between brothers
My grandmother have two sons ans she dont have any brother so she got 6 acre of land from her father.
She wrote that 6 acre in my uncle's name about 10 years ago.
My grand father died long ago. At my home about 5 acre land is there,that is not divided between my father and uncle.Now my uncle wants half share from 5 acre land.My uncle has written that 6 acre land to his wifes name,which she further wrote to her sons(my cousin).
since my grandmother has two son,can she write whole property to her one son(uncle)?
can i get share from 6 acre land(even if my grandmother dont want it)?
Asked 3 years ago in Property Law from Patna, Bihar
how was land given to your uncle by your grand mother ? was it by gift deed duly stamped and regd? ho was mutation done in muncipial records? if property transferred by gift deed your uncle is absolute owner of said land . you cannot claim any share in said land
If your grandmother execute any registered deed of gift in favour of your uncle during her life time or left a WILL in your uncle's name and which was granted by competent court of law then your father can not claim.On the other she did not make any WILL or did not gift during her life time and left the property in her own name then your father can claim half share of the property.
1. In whose name is the 5 acre land currently registered? If it is registered in the name of your grand mother then she can certainly write it in the favour of your uncle if she received/purchases it validly, or is otherwise legally authorized to write it in favour of your uncle.
2. As regards the 6 acre land it needs to be ascertained as to how this land was given to your grand mother by her father, whether the same was mutated in her favour and also by which instrument she wrote it in your uncle's name.