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 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
Thanks a lot sir, I will ask you a follow up question shortly.
Asked 3 years ago
thanks for your appreciation
We again talked to our maternal uncle today about this. He insists that he will legally claim the share of land, as it was bought in my mother's name when she was minor. His point is that my mother did not take necessary steps to freshly register the land in her name after attaining majority. Actually, the papers currently say "Ganga Devi (my mother's name) daughter of Ram Singh." My uncle says that it should have been changed by my mother to "Ganga Devi wife of D. P. Khoud (my father)" when she became 18 years of age, and now since she has expired without doing so, he will claim legal share in property. Actually, we have agreed to give him some reasonable portion of that land, but he is claiming much more portion which we are not agreed to. Should we proceed with land transfer in our names ignoring his threats that he will file a legal objection against it ,and if so, is he or anyone else legally authorized to file a legal objection against it? Please clear our doubts.
Thanks a lot
Asked 3 years ago
yes proceed with land transfer in name of legal heirs . let him file objections if he so desires .
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.