We are natives Telangana. I came to know very recently that a certain section of our agriculture land (TWO acre) is on my mother’s sisters name. Below are the details, My maternal grand-father has 3 daughters, my mother is the eldest child. Since my grand-father didn’t have sons, they had given my mother to my father on the condition that they will give their entire property to my mother (have a photocopy of this original document). My grand parents lived with my parents in the same house until their demise. My grand-father had a total of 26 acre land of which he transferred 13 acre to my mother in 1982. My grand-father passed away in 2004. So many things happened in the village after this and we were forced to agree for giving a major share of the land (we don’t have any document in writing). Due to our financial situation, my father had worked in Hyderabad for few years. Around this time, my mother was forced to sign on the land registration documents as a witness and land is transferred on their name in 2009. She was told that 11 acre were transferred (first, property was transferred from my grand-father’s name to grand-mother’s name). We were naive and ignorant, and simply couldn’t do anything to either cancel this registration or to check the details of the property transferred. We had accepted it as our fate, mainly due to the lack of money in our hands. Following this, we left farming the 11 acre of land from 2009. In June 2018, they tried to stop us farming on a 2 acre land saying that they own this land. It took some time for us to figure out what they have done. After verification, we came to know that they also included this 2 acre land during the registration in 2009 by bribing some people. For some unknown strange reason, they didn’t complain about this land until recently although they frequently come to the village. To my knowledge, my grand-mother was also unaware of this. She passed away in late 2013. Until this, my grand-mother has some problems in legs and hence, unable to do any work. My mother took care of her and my mother’s sisters frequently used to come to my village to see her. My parents had been taking care of all lands, including these two acre, along with my grand-parents from 1978 till 2004. After my grand-father passed away in 2004, my parents had taken over all lands. From 2009, they left the 11 acre and only farming the 15 acre of land. Pahani and other documents show their names as owner. Physically, we were present on the land for the last 40 years (or 14 years). Even, we built a fence around some part of the land which includes these 2 acre in 2015 and we didn’t face any trouble from them. Please suggest on 1. what can I do to get the 2 acre land? What should be my course of action in this case? 2. Is it possible to approach the course against the course against the registration done in 2009? This registration document didn’t have signatures of my father (or mine). Thanks.
14 answers received from multiple lawyers
Lawyers are available now to answer your questions.
1. See if the 2 acre is registered vide deed.then you have to file for cancellation of same by filing of a suit . Though limitation period is also crossed as deed is of 2009 condonation of delay has to be prayer.
Also for suit ground of cheating and fraud has.to be taken and same need to be proved before the court
Also along this 2 acre you can file for cancellation of rest of.11 acre if there are supporting evidence for same that.deed was executed by force fraud or coercion.
Yes you can approach the court to cancel the Registration if it is illegal without your father's signature. You can file a suit for cancellation of the Registered Agreement
Your mother has to file suit to set aside transfer of 13 acres of land done in name of her sisters
2) mention that she was illiterate and forced to sign documents of land in favour of relatives
3) seek injunction restraining sale of land by sisters
4) delay in filing suit has to be explained
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief
thank you all for your answers. My mother's sisters started pressurizing us to vacate the land now since we recently cut the crop. I think it may take a while to file a case in court. 1. How can I stop them bothering us until the case is filed? We don't have enough support in the village to tackle this. 2. As I said, we don't have this two-acre land registered on our name. Is there anything I can do to get any document that says we have been farming on this land, like getting a letter from higher officials? 3. My grandfather passed away in 2004 without writing the will. I checked the EC of agricultural land from 1982 to 2019. It shows only the name of my grandmother and my mother's sisters (on all 13 acres). But, I know that this property was originally on my grandfather's name until 2004. I don't understand why the EC didn't show my grandfather's name. Can EC show wrong data and how can I check the authenticity of the land registration done in 2004 to transfer the land from my grandfather's name to my grandmother's name?
File a police Complaint If they are harrassing you till filing of the case.
You file an application with EC to ascertain the above fact and seek explanation in writing
1. See they cannot.force you out if they force a police complaint against them can be filed.
2. See even you get such letter the ownership document is on there name based on possession ownership is not transferred.
3.You can take certified copy of earlier documents and mutation from the revenue office and can check same.
File RTI application with tehsildar office to find out how land transferred from grandfather name to grand mother name in 2004
2( affidavit of 2 villagers that you hav e been farming land fir many years woukd prove you are in possession of land
Firstly you object them who are trying to restrict you from using your farming land of 2 acres by issuing a legal notice and after that you may file an injunction suit restraining them from interfering in your possession and enjoyment of the property along with you may file an application seeking to declare your title tothe property on the basis of adverse possession.
you can approach court for cancellation of the registration of document made in the year 2009 stating that you were not in the knowledge of any such document so far.
You may have to file an injunction suit immediately to restrain them from interfering in your possession and enjoyment of the property.
Yes you can produce the chitta and adangal reports besides tax paid receipts which will substantiate your possession.
You verify the documents by obtaining a certified copy of the same for the transaction that has been reflected in the EC.
In continuation of my questions above, I have obtained a document of land registration from the registration office that shows a petition to transfer the land from grandfather to grandmother after he passed away intestate. I have obtained a copy of a paper titled "amendment" signed by MRO which says that "grandfather has passed away a year ago and his wife is alive. They have three daughters and no sons. All three daughters are married and staying in their mother-in-law's house. Grandmother submitted a petition to change the property to her name …… “ Grandfather/aunts hide the fact that my parents are living in the same house along with grandparents. As I said earlier, my father came to my maternal grandparent's house after marrying my mother since they do not have sons (called Illarikam in Telugu). 1. Can I use this document in any way to file the case in court and request for cancellation of registration of this property? 2. My grandparents made an agreement (at the time of my parents marriage) with my father in 1972 that they give their entire property to my parents and they should look after them. My grandfather passed away intestate in 2004 and his land was transferred to grandmother in 2005 (and to my aunts in 2009). I understand that it may be difficult to explain the delay in filing the case. I request you to kindly provide me some suggestions and possibility for acceptance of the case by the court?
1. If at all there's any claim for partition your mother only has to claim that.
Since she had herself signed as an attesting witness and since it is more than3 years after the registration it may be difficult to prove her case.
But she can file a partition suit and claim her legitimate share, let the court decide after hearing both the sides.
1. See it was intestate succession if grandfather did not transferred the property in his life and there is no will then all the daughters and grandmother shall have equal right over the property and they can claim partition of the property.
file suit for partition for division of land
2) mention that fraudulent transfer was discovered recently and suit has been filed within period of 3 years of discovery of fraud
3) you can use the document sign d by MRO to prove that grand father died intestate and had 3 daughters yet land was transferred only in grand mother name
You can oppose the same on above grounds. You can pray that you got knowledge of some facts necessary to file the said suit now to condone the delay.