• Will unknown

My grand mothers' father had maid a will of property of 3 acres, and 3shops occupied by tenants in on name of grandmother 

Agriculture land is cultivated by grandmothers brother (deceased 2018) and now carried by his son, and shops occupied by tenants with no rent or may be don't know

As great grand son can we cliam our property back to our poseession ( agriculture land and shops) , will there be adverse effect, tenants will become owner, and the person cultivating land becomes owner

Because till these days as grandsons we were not known about will, but our father knew but never discussed as his brother was kartha

What is the legal stand here
Asked 8 days ago in Property Law
Religion: Hindu

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20 Answers

1) Tenant does not become owner of land 

 

2) apply for mutation of shops and land in grand mother name 

 

3) if tenants have filed to pay rent file suit for eviction against tenants for non payment of rentals 

 

 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

You don't have any right over the property of your grandmother which she got from her father. 

You only have right on your grandfather's property 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

Did grand mother execute any will ?

 

who are legal heirs of grand mother .?

 

apply for mutation of property in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

1. See in case your father is deceased you may file suit for partition and possession of property claiming your share in grand mother's property. 

Shubham Jhajharia
Advocate, Ahmedabad
24898 Answers
99 Consultations

5.0 on 5.0

File a declaration suit for declaring the ownership 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

You can send them legal notice for your share and later file partition suit against them 

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

If the property is on grandmother's name than kindly inherit first legally on your name by way of mutation. From the Tahsildar office and revenue department

Ganesh Kadam
Advocate, Pune
10116 Answers
89 Consultations

4.9 on 5.0

The grandmother received the property through a will and hence it is a self acquired property wrt your grandmother. If she is still alive then your father and his siblings and their children have a share in the property.

After her the property may be partitioned by filing a lawsuit.

Act accordingly.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

OK. If she died then you may file a partition suit.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

1. It all depends on the date of death of your grandparents and whether 12 years elapsed as on date of the occupation of land by your grandmother's brother, who died in 2018.

2. Who holds the possession of land, as of date?.

3.  Did your grandmother died intestate ( without executing a WILL ) or she died testate?.

4.  Get the property papers verified by a Lawyer to arrive at the correct opinion.

5.  You can file for partition, declaration and separate possession of the property by metes and bounds, as you are all grand children of the landlord.

Shashidhar S. Sastry
Advocate, Bangalore
2774 Answers
165 Consultations

5.0 on 5.0

- Since , the said property was transferred by your grandmothers father to grandmother , hence after receiving the said property via WILL , these property become her self acquired property. 

- If she died without leaving any WILL etc , then these property would be devolved her legal heirs. i.e . her husband , son & daughter. 

- Yes, being a grandchildren , you can claim the ownership of those property legally. 

- As per law, a tenant cannot claim an ownership right on the ground of adverse possession, even the tenant is living into the tenanted premises since long period. 

- Further, the person cultivating land also cannot become owner of the agriculture land as well. 

- File  suit for Declaration and Permanent Injunction before the court, or file a probate petition before the district judge on the ground of that WILL . 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

Great grand son have no right in grandmother life time and only after her demise, her children including your father have equal share in properties.

And if grand mother also have executed the WILL than succession will be acc. to WILL.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

Dear Sir,

You are very well eligible to demand the rent and ownership as per law/rule and you are suggested to serve the legal notice for the same. If the same is not complied by them, file the case in the court. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

Dear Sir,

On the basis of Will the grand children can claim. Tenants cannot claim adverse possession. They are in illegal possession. So the grand children can file suit for recovery of possession and damages that is arrears of rent.

Kishan Dutt Kalaskar
Advocate, BENGALURU
5462 Answers
185 Consultations

4.8 on 5.0

If your grandmother is living then she only can claim the proeprty back.

She can issue a legal notice to tenants to vacate the property for default int rental payments.

She can re-claim the agricultural property also from her nephews who are cultivating  or continue to cultivate after their father.

If your grandmother is not living then her legal heirs including your father  only can file any case to vacate the tenants as well as the nephews of yor grandmother from the occupied proeprty by filing suitable cases agaisnt them if they don't agree for amicable settlement.

Grandchildren do not have any rights ion this proeprty since it is not an ancestral property.

The children of your grandmother alone have rights in it that too only after the lifetime of your grandmother.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

If your motherland is reported to have died intestate then her legal heirs i.e., her children alone can claim the property from the occupants and after restoring the properties, they can partition the properties amicably among themselves as per law or on the basis of the mutual understanding among themselves. 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

The Grand Mothers dies intestate her sons can claim equal share, if any of the son died their after the grand children can claim their father share on the property

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. The will was made in favour of your grandmother, Hence, on her demise the property devolved on her children equally.

2. Your father or his siblings are free to file a suit for recovery of possession and partition in the civil court.

3. If your father is not alive then his Class 1 heirs (widow and children) can file the suit to cull out the share.

 

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

1. Tenant can claim ownership of property under adverse possession if there is no records of rent from tenant.

2. You can file partition suit to claim share from ancestral property of your family. 

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that he has the right to claim his right over the properties.
  2. I would like to apprise you that there cannot be the case of adverse possession at all as the same is there when you would have known about the will and then never tried to stop or try to get back the properties.
  3. That he may have to approach the court of law by filing a suit for its probable and declaration of suit properties in your name.

Sanjay Baniwal
Advocate, South Delhi
5258 Answers
12 Consultations

5.0 on 5.0

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