You need to file suit for claiming the same if any share or right is denied to you
Agriculture land transferred from grandfather to grandchildren
My grandfather (expired 10 years earlier) has transferred agriculture land to us (two grandchildren) 12 year earlier as per his wish and in good faith with procedure through Tahisildar. Our name also registered and enrolled on 7/12 record. Right now in 2023 my cousin brother (son of my father's sister) claimed and demanded for property transferred from grandfather on behalf of his mother (expired 20 year earlier). Regarding same, he tortured and filled case against my father (70 years retired). May i know any solutions for this problem? which property act and rules cover this issues? Thanks for your time, support and guidance.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
- His claim is out of limitation. He could have claim the property within 12 years of transfer by grandfather.
- A daughter can claim property in respect of transfer that took place only after 20 December 2005. In your case transfer took place before that. 2005 amendment of Hindu Succession Act is not applicable to her as daughter of you grandfather.
I presume transfer of land was done by registered gift deed
2) if so claim of your cousins is barred by limitation
If it was your grandfather's self acquired property then the transfer of his property in the name of his grandchildren by executing a registered gift settlement deed cannot be challenged for any reason, but if it was a mere transfer of mutation records then it cannot be considered as legally valid transfer.
However if the possession and enjoyment is with you for all these years based on the gift settlement deed, you my challenge their case properly and get it dismissed.
Dear client,
I'm sorry to hear about the situation you and your family are facing. The solution to this issue would depend on the laws and regulations in your jurisdiction and the specific details of your case.
It's recommended that you consult with a lawyer who is knowledgeable about property law in your area. They will be able to advise you on the best course of action and help you understand your rights and obligations under the law.
In general, property disputes are resolved by either negotiating a settlement agreement or through the courts. If a case has been filed against your father, it's important that he consult with a lawyer to understand his rights and options.
In India, the transfer of agricultural land is governed by the State Agricultural Lands (Conversion for Non-Agricultural Purposes) Act and the relevant rules in each state. The Indian Registration Act and the Indian Evidence Act may also be relevant, as they pertain to the transfer of property and the admissibility of evidence in court, respectively.
It's important to note that the laws and procedures related to property disputes can be complex, and the outcome of a case can depend on many factors, including the specific facts of the case and the laws of the jurisdiction in which the property is located.
1. If the agricultural land were to be Ancestral Property in the hands of your grandfather and if he had transferred the entire property to only two grandchildren after 2005, depriving the rights of so many other coparceners, then the claim of your cousin brother would be valid, as per Amendment to Hindu Succession Act, 1956 in 2005.
2. However, if the Agricultural property were to be the self acquired property of your grandfather and if he had transferred the property to only two grandchildren, then it's valid and the claim of your cousin brother has no legal sanctity.
3. It's adviced to settle the matter amicably with your cousin brother and settle the matter completely out of Court.
The first step is to consult a lawyer who specializes in property law. They will be able to advise you on the relevant laws and regulations as well as any possible solutions. It would also be advisable to review the document.
