The property was purchased by your father in your name and before you turned major the property was under the guardianship of your grandmother. Now you are a major and hence there can be no issues. The property belongs to you. Your uncle and your father separated a long time back. Therefore no need to worry.
Challenges related to guardianship
Hello Sir This question is about the Challenges concerned with Guardianship... I’ll just explain the issue here, My Father and Uncle living in different place and they are divided in the year 1984, In the year 2001 my father purchased Agricultural Land of 4 Acres and registered in my name but I was 17yrs old so as I was a Minor. So my father kept my Grandmother as a Guardian.. The same is mentioned in the document about my Grandmother as guardian and it’s no where mentioned in the document that Grandmother money is utilised for the purchase of land... and when I became Major the Katha and RTC Transferred to my name and it's been 22 years over. Recently my Grandmother passed away and there are issues between my father and his brother... So, Do my Uncle and his Son have rights to challenge the above mentioned property in the court?, If so, how we can face/challenge this!!! Pls give me a clarity on this....
Asked 20 days ago in Property Law
Religion: Hindu
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15 Answers
No he can’t have any claim on the same. If he claims he will lose the same in court
Uncle and his son has no share in property purchased by father in your name from his own funds
2) even if file suit they would not suceed
Dear Client,
Since the land was purchased and registered in your name while you were a minor, your grandmother was appointed as your guardian. If the purchase was made using your father's funds and there's no evidence to suggest that your grandmother contributed financially, this may strengthen your ownership claim. The documentation surrounding the purchase of the land, including any agreements or contracts, will be crucial in determining the validity of your ownership. If there's clear evidence that the land was purchased with your father's funds and intended for your benefit, this may support your ownership claim
1. A minor child has to have been represented by Natural Guardian, i.e., Father and if Father is dead or not available then Mother.
2. Grandmother can't be considered as Guardian, when the child's parents are living.
3. If there's any evidence of investment of money for buying the agricultural land by your father in the name of minor's son, then it can save you. Otherwise your uncle and his son may prove that your grandmother only invested money for buying the property in minor child's name.
4. Even if your uncle and his son challenge the property bought by minor child represented by grandmother, then her source of income, etc or whether she was employed, etc it can be countered legally to your advantage, based on the documents available with you.
- Since, this property was registered in your name under the guardianship of grandmother , then after attaining major age , it will considered as your legal property
- Further , after the demise of grandmother , none including your uncle and his son having any right over that property
- Hence, if they will file a case before the court , it will not maintainable.
The property was purchased by your father and was subsequently transferred to your name, therefore you became the absolute owner of the property ever since it was transferred to yo and also that you got the revenue records and khata transferred to your name.
Therefore there is no reason for any claim to be made by your uncle or his son for a share in this property.
Nobody has a right in this property other than you.
No case that may be filed by them would be maintainable in law in case they file one.
They have no claim. Even if they will any case, it will not sustain.
No, your uncle and his son don't have any rights in the property. As it's clearly mentioned in the agreement that your grandmother is a gaurdian and land was purchased on your name
Hi Sir, Thank you all for your valuable input. And now my Uncle and his Son they are trying to stop cultivating land, (from 2001 we are in possession and cultivating land), can you pls suggest legally what action i can take on them.
Asked 1 day ago
file police complaint against uncle and his son
file declaratory suit that you are absolute owner of land seek injunction restraining uncle and his son from disturbing your possession of land
If they are physically stopping then you can seek the help of police for protection and to prevent them from harming you and damaging your property.
Besides you can file a suit for permanent injunction against them to restrain them from interfering in your possession and enjoyment of the property.
File Police complaint or obtain injunction order.
Bring an Injunction Order from the jurisdictional Court directing your uncle and his son to not interfere with the possession and cultivation of your land.
Dear Client,
Ensure that you have all the necessary documents proving your ownership or possession of the land since 2001. This could include deeds, titles, lease agreements, or any other relevant paperwork. If informal discussions fail with them, your advocate can help draft a legal notice to your uncle and cousin, reminding them of your rights to the land and requesting them to cease interfering with your cultivation activities.
- You can file a suit for Injunction before the court for restraining them from entering in the land against your consent.