Dear Sir, Myself Ramya from Andhra Pradesh, My mother-in-law has two sons (my husband (elder) and brother-in-law) and two daughters. She has 1 acre of agriculture land under her name. On her deathbed, she verbally said to my husband to register the land on his name. However, my husband hasn’t done that and soon she passed away without registration (in the year 1987). After her death, my husband included her land survey no. in his agriculture land passbook (form-1B) and used it for farming. After a few years, my husband also passed away due to heart attack and later the agriculture land passbook been transferred on to my name (including mother-in-law land survey no.). This happened in 1996 where all the passbooks were handwritten. In early 2018 my brother-in-law asked his share of his mother’s land and I refused. Recently Andhra Pradesh government made all the land details online, my mother-in-law's land also went to online on her name. I went to the village revenue officer (VRO) and asked him to transfer that land under my account. Then I came to know that the land was made online by my brother-in-law and cannot be transferred to my account without his consent. I told the VRO that the respective survey no. is in my passbook and I am paying the tax, he replied that those are long before and handwritten, not valid now. I want to register that land to my daughter, now I don’t know what to do. My assumption is my brother-in-law is not going to court at least for now, as he knows that the land is on his mother’s name and I need his approval for registering. My sister-in-laws also not a problem for now. My question is, Is there any chance to claim that land without giving a share to anyone.
On mother in law your brother in law , his siblings have equal share in land
2) you should arrive at an amicable settlement with your BIL
3) litigation is long drawn and expensive proposition
4) even after lengthy court case your brother in law , siblings would be able to claim equal share in land
1. The verbal assurance to give land does not create any valid title in favour of your husband in respect of that land.
2. So even if the said land was recorded in the name of your husband and later in your name, neither of you was its sole owner at any point of time and it continued to be the joint property wherein your husband was the 1/4th share holder along with his siblings.
3. So you can not record the land in your name or in name of your DIL anymore. if the land is in your physical possession then enjoy it but if your BIL files a suit for partition it would be divided among the co sharers in due course of time.
See since the will made my by your mother in law was oral there is no written will so if the brother in law dispute same and you do not have enough evidence to support the oral statement on death bed made by mother in law the court can give share to brother in law.
For now you can file a declaration suit claiming ownership of that portion of land showing records and based on statement of mother in law. The other side that is sister in law and brother In law can co test and can file counter claim over it for there share.
1. Passbook is not a document of title. It is relevant for revenue purposes only.
2. Since your mother-in-law passed away intestate her land devolved through intestate succession on all her children equally. Hence, the share of your brother-in-law is at par with that of your husband, which he can cull out by filing a suit for partition in the civil court.
3. The 1/2 share of your husband in the land of his mother has devolved on his legal heirs i.e you and your children.
1)If the said property is registered in your mother in law name then without consent of all legal heirs you cannot transfer the property.
2)Settle the dispute amicably with your brother in law and execute a relinquishment deed.
If the land was given to your husband exclusively then it can be in your name exclusively but for that you need to prove the dying declaration. It is not possible now easily. You can try filing a Complaint to the said department go transfer the same as it is stated in passbook. You can approach superior Officer to rectify the error. Legally if bro in law approaches court he will get the share.
Dear Madam,
File a Partition suit in civil Court and get your share.
Hindu Succession Act 1956 (Act) under Section 15 states about general rules of succession with regard to Hindu females. Under The Indian Succession Act 1925 Section 2(h) defines Will as the legal declaration where the intention of the testator with regard to his property that he desires to be done after his death. Property under this Act includes both movable and immovable property owned and acquired by her in inheritance. It can be by partition or by gift or by purchase. This Act gave the Hindu Female to become an absolute owner of the property and could inherit equally with a male counterpart both in husband as well as father’s property.
If a female Hindu’s property who dies intestate will devolve as per the rules set out in Section 16 where firstly it will go the sons and daughter it also includes the children of any predeceased son or daughter and the husband. Here even though mother died without executing any Will the property shall devolve to the daughter/son. Supreme Court had in one of its decision, set at rest the long drawn controversy related to inheritance of property which belonged to a Hindu married woman who died intestate held that her husband’s side cannot claim it if she had got the property from her mother’s side. Supreme Court relied upon Section 15 of the Hindu Succession Act 1956 and thus decided the matter. The court said Section 16 of the Act “evolves a new and uniform order of succession of property (by a female Hindu) and regulates the manner of its distribution”.
Dear Client,
As per inheritance law, property must be inherited by 1/4th each. Last wish of MIL have to in writing i.e. WILL. Mere oral wish dose not give valid title.
Well, if SIL`s not disputing than they must execute release deed in your favor so that 3/4th share become absolute yours. And rest 1/4th share , well you are in possession of land since many years and paying tax, so in case BIL files claim in court, you can defend your title on the basis of adverse possession.
Till, enjoy possession.
your mother in law made a privileged Will in your late husband's favour
but neither your husband nor his legal heirs after his death took any steps to prove that privileged Will
so it can be said that there was no Will made by your mother in law at all
if that is so then the land will devolve by intestate succession on the legal heirs of your mother in law, which also includes your brother in law
given the above, it is thus not possible to deny your brother in law's share in his late mother's land
however if his right to his share in that land is being refused by you, then his limitation to file a legal action to claim his share in the land, has already begun to run against him
he has at the highest 3 years to file a claim in court for his share from the date of denial of his right
if he does nothing to claim his share within the above period then if after such period, he files a suit, that will be dismissed at the threshold being barred by limitation
Thanks all for your valuable inputs. As the advocate Yogendra mentioned, I can get release deed from my SILs so that 3/4 property will be mine. For my BIL share as suggested by the advocate Yusuf, can I prove that I refused to give the share, is there any kind of form on a legal paper so that my BIL will have to file a claim in court for his share within 3 years?. Let me know full details. Thank you.
Yes the limitation is 3 years after that it be becomes time barred but still sometimes court encourages the suit after the limitation too.
See there is no limitation for partition suit so if he files partition claiming the share then you need to defend same based on the oral will and circumstances around same.
It is not necessary for BIL to file claim within 3 years for share in property
your sister in law can execure gift deed or relinquishment deed for her share in propetty
To file a suit for partition there is no limitation of time as it has recurring cause of action.
The co sharers can always give you deed of gift or deed of release to transfer their due share.
Suit for partition, starting point of limitation is-when right to sue accrues, that is co owner have notice of his entitlement to partition being denied.
If it is certain to public at large that you are in absolute possession of property and denied any access to him or any claim. Than you can claim ownership through adverse possession but as a defense.
Basically this property that belonged to your deceased mother in law was left behind by her on her intestate death shall devolve equally on all her legal heirs i.e., your deceased husband, his brother and sisters.
By just transferring the revenue records to his name, your deceased husband cannot claim title to the property until the other co-sharers have executed a registered release deed relinquishing their rights in the property in favor of your deceased husband.
Since this has not happened, your brother in law has a right to claim his legitimate share in his deceased mother's property, even though you might have been paying the taxes to the property.
Thus it is advised that you may better go for a compromise with your brother in law and sisters in law for an amicable settlement or they may file a partition suit which will take at least 10 years to get the matter settled through court of law.
Your brother in law can file a partition suit anytime, there is no time limit for that. He can file a partition suit even after 100 years claiming his legitimate share in it, hence it is suggested that you better arrive at compromise with him so that you will be benefited by avoiding the litigation which is imminent now.