• Succession of agriculture land

Hello Sirs.  My mother expired about 2.5 years ago of cancer.  My question is regarding succession of agricultural land registered in my mother's name when she was minor.  Registration document of the land mentions the property owner as "my mother's name, daughter of _____(my grandfather)."  Obviously, the property was registered by my maternal grandfather who was a farmer in my mother name when she was minor and since then, no transfer of the land or change in registration status (even after she attained majority) has been done till date.  This agricultural land  is in possession of my maternal uncle and he has been using it for a very long time.  We have never had possession of that land.  Now when we talk about transfer of property in our names (we are 2 brothers, 1 sister), my maternal uncle says that since the registration document also mentions the name my grandfather (his father) and property was registered when my mother was minor, he (my maternal uncle) is also authorized to share the property legally.  Please let us know if he is legally authorized to share the property or not.  Should we entertain his claim or only we three (2 brothers, 1 sister) are the whole-sole claimants.  Thanks a lot.
Asked 3 years ago in Property Law from Bhopal, Madhya Pradesh
1) amicable settlement is best . 

2) since land was bought in your mother name your mother would be absolute owner of said land . 

3) on her death make application for mutation of property in name of 3 children . enclose copy of death certificate . 

4) file suit for eviction against your uncle
Ajay Sethi
Advocate, Mumbai
38796 Answers
2174 Consultations

5.0 on 5.0

thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
38796 Answers
2174 Consultations

5.0 on 5.0

yes proceed with land transfer in name of legal heirs . let him file objections if he so desires .
Ajay Sethi
Advocate, Mumbai
38796 Answers
2174 Consultations

5.0 on 5.0

1. The land was purchased by your maternal grand father in your mother's name during the minority of your mother. As such, she remained the absolute owner of the land throughout her life. 

2, After her death the land will vest in her children. None of her siblings has any share in the land. The possession of land by your maternal uncle is illegal. You can file a suit for eviction of your maternal uncle if he does not leave on his own accord. 

3. Apply for mutation whereafter your uncle may file his objection thereto. If he does not thereafter gracefully leave the land then you may file a lawsuit for his eviction.
Ashish Davessar
Advocate, Jaipur
21827 Answers
595 Consultations

5.0 on 5.0

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