We are natives of Telangana. My maternal grand-father has 3 daughters, no sons, my mother is the eldest child. Because of this, my grand father asked my father to stay with them after the marriage (illarikam). A part of his property (15 acre of agricultural land) was registered on my mother's name in 1982 (we have been farming on this land since 1982). My grand father and grand mother passed away in 2004 and 2013 respectively. Recently, we heard rumours that my mother's two sisters are planning to approach court for these 13 acre land on the basis that they are minors at the time of registration (age: they were 14 and 16 years old in 1982). This property is NOT inherited by my grand-father. 1. Will this case stand? Can they file case with any other reasons? 2. Is there anything that you suggest me to do as a precautionary measure? 3. We have been also living in a house built my grand-father in the village for the last 35 years. This house is built on barren unregistered land. The property tax and current bill was transferred to my mother's name since last year (before it was on my grand father's name). Now, my mother's sisters are demanding a share in his house (they don't stay in the same village. They moved outside this village after the marriage). Could you please suggest what i can do to escape from their harassment?
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1. If your grand father transferred this land to your mother through a registered deed then it can not be set aside anymore and the case filed by your aunts does not have any merit at all.
2. there is not much precaution to to take except to keep physical possession over this land at all cost. The suit would be dismissed in due course of time.
Good luck.
Dear Client,
Below 18 years is minor but it has nothing to with it. It was self acquired property of grand parents, hence daughters had no claim in their life time. And property already named in your mother name. She is actual owner but mode of trasfer is important, whether it was gift deed or settlement deed.
Through what mode land was transferred in your mother name ?
From the fact of the case it is understood that your mother did not make any testamentary disposition of the property. As per the Hindu Succession act the property of a female Hindu dying intestate shall devolve upon the sons and daughters. They all will hold equal share in the property as co-percener.
In law a co-percener is deemed to be in joint possession of the property with other co-percener even he or she doesn't actually in possession of the property.
If grandfather executed gift deed in favour of mother it was duly stamped and registered your mother woukd be absolute owner of property
2) if no registered gift deed was executed your 2 aunts can claim equal share in property
3) mere mutation dues not confer title to property
4) amicable settlement is best option
They have no right over.the said property as it was self acquired and further the property.was transferred in life by registered deed.
2. If suit.is filed, a application to reject same can be filed.
3. See if the house was on name.of grand father though they can claim share you can contest same based on possession.
If the said property is self acquired Property of grand father then they can't object to the said transfer to your mother. But if grand father has died intestate then other properties except sisters will have their share. You can contest suit once filed. Nothing to worry till then.
If property is self acquired by your grand father and transfer through gift deed then your mother's sister cannot have rights to claim in said property.
1. The property which belonged to your grandfather was duly transferred to your mother's name by a registered deed, during his lifetime, which cannot be disputed by anyone.
Your aunts case may not be maintainable in law.
2. You can file a caveat petition to avoid any exparte injunction orders.
3. Since this is an unregistered land, your mother can file a declaratory suit to declare her title on the base of adverse possession after which your aunts cannot claim any rights in it
