Dear Advocates, I am reaching out to seek guidance on a matter concerning inheritance and property rights. I am a 43-year-old male, a Hindu by birth from Telangana. My family comprises three elder sisters, all of whom were married in the years 1989, 1997, and 1999, respectively. Our father passed away in 2007, leaving behind my mother, who is currently alive, and myself. We possess agricultural land totaling 9 acres. To facilitate a clearer understanding, I have divided the land into three categories (A, B, and C), based on the method of acquisition. Land A: Land A encompasses 4 acres and is titled in my name. It was obtained through a gift deed from my father’s cousin 'X' in the year 1994, when I was a minor of 15 years and while my father was still alive. The revenue records for this parcel of land reflect the name of 'X's father from 1950 until his demise. Subsequently, the records were updated to reflect 'X' as the owner until the execution of the gift deed in my favor in the year 1994. Land B: Land B includes 1 acre, currently titled in my mother's name. It was acquired through a sale deed from my father’s cousin 'Y' in 2004. The revenue records for this land were historically in the name of 'Y's father from 1950 and later in 'Y's name until the transfer of ownership to my mother through sale deed . Land C: Land C, which is 4 acres in size, was in my father's name at the time of his death. This land was self-acquired by my direct grandfather. Historical Context: Our grandfathers, four brothers, collectively acquired approximately 100 acres of land in the 1950s. Initially, the land was divided equally among them in the revenue records, regardless of its quality or value. However, in 1969, upon the family's separation, the land was equitably redistributed based on quality or value. This process required reassigning of land titles, resulting in my father acquiring 5 acres from his cousins, 'X' and 'Y'. Subsequently, a 4-acre gift deed was registered in my name in 1994, and a 1-acre sale deed in my mother's name in 2003, both intended to ensure my future stability and my mother’s financial security in her later years. Current Dispute: My three married sisters recently claimed an equal share of the entire 9 acres. But I have agreed to equitably divide only the Land C among my sisters . However, my sisters are dissatisfied and are considering legal action to claim portions of Lands A and B as well. In light of these facts, I am eager to understand the potential success rate of my sisters' claims to Lands A and B I appreciate your time and consideration.
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1) Sisters have no share in 4 acres of land A as once gift deed executed you are absolute owner of land .further suit would be barred by limitation as gift deed executed in 1994
2) sisters have no share in 1 acre land B as mother purchased land through sale deed and she is absolute owner of land
3) sisters have equal share in 4 acres of land C standing in your father name
The land pockets described in the categories A and B belong to the persons on wise names the respective registered documents are lying now, no other can claim any share out of those properties as a right and any such claim would be considered as illegal and invalid and not maintainable.
However your sisters are entitled to the properties left behind by your father upon his intestate death to an equal share at par with you and your mother.
- As per law, after the demise of your father intestate , his property would be devolved upon all his legal heirs equally ,and hence your sister has her equal right over the Land C only
- Further, as the land A is gifted by the fathers cousins , and hence she has no right to claim over this land
- Further, as the Land B is in the name of your mother then during her life time , none having any right to claim over her said land, and only after her demise intestate ,her all legal heirs will have their equal right.
Dear Client,
The land is categorized into three groups (A, B, and C) according to the methods used for acquisition. A gift deed placed Land A in your name, a sale deed placed Land B in your mother's name, and a deed placed Land C in your father's name. While your sisters want to divide all of the land equally, you are only willing to divide Land C. Legal factors including the authenticity of the gift and sale deeds and the properties' ancestral status could determine whether or not their claim is successful.
If it’s an ancestral property equal division of complete land is mandatory
