My Father in-law (S4) who has purchased a piece of land on [deleted] had registered his property on his father’s name (A) who is primarily an agriculturist taking care of his father’s (A1) lands. (S4 has all the Original Registered documents) My F-inaw’s (S4) father (A) doesn’t have any source of income other than the agriculture source that he was cultivating on his father’s ancestors Property. Before death of A, A had executed a will Dt. 28-Jun-1991 in the name of 1)X , 2)Y & 3)Z (daughters of S4 ) & A died in the year 30-Jul-1991 . The Govt under section 83 of the land reforms act on 20-jun-1997 forfeited the Land & changed all the land documents as Goverment. X,Y & Z fought the case in the respective court from the year 2006 till 25th November 2009 & got the land back in their names. Their after, with the court order mutation has been created and transferred the land in the name of X,Y & Z as on date Khatha & Pani stands in the name of X,Y & Z they r in position. A family details S4 has 5 brothers namely S1(Died 1959) , S2 , S3, S5 (Died 09-Oct-2005) & S6 (Died in 24-jun-2011) + 4 Sisters (D1,D2,D3 & D4) totally a family of 6 Sons and 4 daughter. S1’s wife , S2,S3 , D1,D2,D3 & D4 filled a case against S4 in year 2012 stating the land that is purchased in the year [deleted] is of A and they all have equal shares . In the year 2018 the court has ordered the land that is said to be in dispute A is purchased from the source of agriculture income that is generated out of his ancestor’s property hence it need to be divided between the entire family. Question : What is that they X,Y & Z need to do to get back their property which was actually purchased by their father & not an Ancestor’s Property they have run from pillar to post and attended all the court cases against Govt. and won to get back this land.
1) it has to be proved that sale consideration for purchase of property was given by S4 to purchase property in name of A
2) bank statements of S4 would reflect transfer of funds from S4 to A name
3) fileappeal against impugned order that other legal heirs have equal share in the property
1) Here you have to focus on WILL, if WILL is registered or have strong point then no matter whosoever are other legal heirs, the title holder of the land can pass the title ownership of self owned property by way of gift or will to any one.
Except the ancestral property, because in ancestral property can't be gifted or WILL, so all other legal heirs of S4 have rights by birth in the ancestral property.
Need to know how much was ancestral property and self earned property of A. and on which property court had passed decision.
1. The land purchased in the name of A would be treated as his self acquired property and if that is so then he alone has right to dispose of it in any manner he chooses.
2. As he decided to give this through Will to his grand children then no other person can claim any right of share therein.
3. To void further dispute apply for Probate of this Will if taking or Probate is mandatory in your state.
4. So contest the partition suit as this suit will fail because of no share of their aunts in the property .
Dear Sir,
X, Y and Z has to prefer appeal against a court finding that it was purchased out of income generator from ancestral property. If such appeal is preferred in future the said finding may be reversed by the Appellate Court.
They have to file appeal and assail the order. It must be mention in the sale deed that who contributed for purchase of land and from what source.
Chain of documents is very important.
Dear Sir,
There is no option for XY and Z except to approach appellate court to set aside the judgment passed against them. It appears XY and Z are enjoying the property since they seems to be in possession of the property. As such it is very difficult and time consuming for the opposite parties to take possession of properties. In the meanwhile XYZ may create a charge or alienate the property in different modes.
The property was purchased in the name of A hence A becomes the absolute owner of the property.
Subsequently A transferred this property in favor of his grand daughters (born through S4) by testamentary disposition (i.e., through a Will).
The will came into force after the death of testator and accordingly the beneficiaries acquired the properties.
The transfer of revenue records and the court cases they fought are ample evidence to prove their title.
now the judgment going agaisnt them appears to be erroneous and deserves to be appealed against properly.
An appeal till supreme court will ultimately fetch the desired result.
