My auntie (my mothers’s sister) claiming 50% share in property
My grandfather had only two daughters (My mother and my Masi), My father was GharJamai and my masi get married and gone to his husband place in 1960’s. My grandfather gave 27 gunthas of land to my masi out of 5 acres rest of all land given to my mother and father (nothing in writing) as they have taken care of my grandfather. We have cultivating this land since 50 years and my masi cultivating her land (27 gunthas) since 50 years. In last week suddenly she send us lawyers notice and claiming her 50% share in all property. In 1983 my parents had did survey of all land in that map it was written that all land except 27 guthas is property of my parents and 27 guntha of land is property of my masi.
• My age is 58 years
• My parents are no more
• May masi age is 70 years
• This land is at Uran, Raigad, Maharashtra.
• In all 7/12 & pher-phar extract her name is reflecting with our name
• There was no objection taken by my masi in last 50 years
Kindly advice best solution for my problem
Asked in Property Law from Uran, Maharashtra
1) on your grand father dying intestate your mother and aunt would have equal share in property
2) your aunt would be entitled to 2.5 acres of land
3) contact a local lawyer and reply to legal notice
Partition has no limitation. Any time can demand for partition. After the death of your grand father your mother and your masi has equal right . So what ever the land possessed by your grand father they can claim 50% share.Age is not a bar. So meet a local lawyer and send reply to notice.
After the demise of your grandfather his legal heirs i,e widow and both daughters succeeded equally to his property unless he made a will. Your aunt has a 50% share in all the land of your maternal grandfather, which she can cull out by filing a suit for partition in the court. The mere cultivation of the land for long duration of time does not make the cultivator the owner of the land. The land continues to be undivided. In an undivided land no co-owner can claim to be the owner of a specific portion of the property. As the legal heir of your mother you can file a suit for partition to cull out your share in the land. During the partition proceedings you can request the court to give you the land which has been cultivated by your parents.
Hi, Your grandfather has only two daughters so both the daughters have equal share in the property.
2. Thought your mother has cultivate the more land but there is no prior partition so your Masi has 50% share in the properties.
If she has sent a lawyer's notice claiming 50% share in the entire property, you may give a reply notice stating that as per oral partition one by the grandfather, she was allotted with 27 gunthas and the rest of the property were allotted to your mother as her share, her notice made demand is rejected for this reason.
If she goes to he court it can be challenged on the basis of various factors including the land being cultivated in your name for the last 50 years which was known to her all along hence her claim is repudiated.
Let she approach the court and the court decide.
you have to right in that property on the basis of adverse possession. You have been enjoying right in the property for 50 years uninterrupted this is very strong presumption in your favour. Adverse possession, cultivation for 50 years, payment of revenue and uninterrupted enjoyment of property are enough to establish your right on the property. There is no deed of transaction like gift/will etc so judgment shall be given only on afore said facts.
State Of Haryana vs Mukesh Kumar & Ors AIR 2011,
Bhim Singh & Ors. v. Zile Singh & Ors., AIR 2006,
We have send reply to legal notice, stating that my grand father did oral partition and gave entire property to my mother and 27 gunthas to my masi as she is aware. Also we have one document made in 1969 by talathi on request of my grand father say that his daughter (my mother) will takes care till his death and there are all out property survey numbers are mentioned. also mentioned possession of the property is with us since last 60 years.
please advise further solution.
Asked 1 year ago
1) since you have refused to give your aunt equal share she would file suit for partition for division of property by metes and bounds
2) suit would take 15 years to be disposed of better settle issue amicably rather than spending money on legal fees
If any document related to transfer the title of the property is infavour of your mother then she can win the case other wise All the legal heirs have equal right over the property which is owned by your grand father .
If you have given a reply accordingly, just remain calm. Let them file a case and you challenge their case based on the documentary evidences in your possession.
Do not rush to court seeking any relief in a hurry. Let them go to court if at all they have any claim or ready to face a prolonged litigation.
Oral partition is no partition in the eyes of law unless it is reduced to a memorandum. Now wait for your aunt to file the suit for partition, and if she does, contest it in the court.