Hi Everyone, I am living in Britain and my mum and younger brother is living in India and to be more specific in R.S.Pura area of Jammu in Jammu and Kashmir. We have got a agriculture land from our ancestors, which was meant to be divided into three persons as my grandfather had three sons. So the land has been intkal on three names and we have got 4.5 kanal of land extra as gift form one of the son from the total land, which is been registered and also intkal on our name as total land was 30 kanal. So know that person is claiming to get that extra 4.5 Kanal land back which he gave us before and which is already registered on our name and when we asked tehsildar to help us divide the land as the other two parties have picked the land they like and left us the land not worthy without our consent. Then she mentioned that intkal has been named on three persons and she can divide the whole land which is 30 kanal including 4.5 kanal which is registered on our name into three equal shares. I don't know what should we do. I would really appreciate if you could put me into right direction or you can personal email me at [deleted] Kind regards Mohit
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1) i presume transfer of 4.5 kanal of land ahs been by regd gift deed
2) if so you are absolute owner of land
3) gift deed once made cannot be revoked without court orders
4) donor has to move court to set aside gift deed made in your favour
5) as far as balance 25 kanal land is concerned if other legal heirs are not willing for equal division of balance land file suit for partition for division of land by metes and bounds
6) also seek injunction restraining sale of land during pendency of suit
Thanks a lot Sir for your quick reply. Yes the 4.5 kanal of land has been given to us as a gift. So the fist thing we should do is to go to court and ask them to put 4.5 kanal of land been registered on our name aside. Sir, I would really appreciate your help if you could please let me know the procedure or the steps I should follow as my dad is no more and my mum is going through a lot and on tops me not being there is making more problems for them as they have no one to talk with.
1) the donor has to move court to set aside gift deed .
2) you are absolute owner of 4.5 kanals of land and mutation has been done in your favour
3) you dont have to move court
4) if you need division of balance land then file suit for partition for division by metes and bounds
Firstly the partition done by other two brothers on their own without consulting your family members is illegal and invalid.
Next, the landed property to an extent of 4.5 kanal already transferred vide a registered gift deed by one of the co-sharers cannot be unilaterally retrieved by the donor without following the law in this regard, i.e., without obtaining court's permission to cancel the registered gift deed and any such act is illegal and invalid and not binding on the donees.
Next, the Tahsildar is not an authority to make partition and execute a partition deed for the property that belongs to you people. She cannot have any say in it and she is not an authority for partition.
Under the above given circumstances, you have to approach the civil court seeking partition and separate possession of your share init considering good and bad soil as well as to declare your title of the gifted portion of property.
The land revenue department has no role to play in the civil dispute, you cannot get any justice from the corrupted authorities.
Yes the 4.5 kanal of land has been given to us as a gift. So the fist thing we should do is to go to court and ask them to put 4.5 kanal of land been registered on our name aside. Sir, I would really appreciate your help if you could please let me know the procedure or the steps I should follow as my dad is no more and my mum is going through a lot and on tops me not being there is making more problems for them as they have no one to talk with.
A detailed action plan has been told to you briefly in the above answer.
However, please note that any request from your side with the uncles may not have a warm reception, they will turn their back with hostile attitude.
You have to either issue a legal notice seeking partition or to approach court directly with a partition suit and also to declare your title to the gifted 4.5 kanal of the property lying in it
Hi, You have to file a suit for partition of your share in the property and one more thing once the property was gifted to your family members they can't claim back again.
Once the gift deed is executed the transfer of title to the donee is instantaneous and the donor thereafter ceases to have any right, title or interest in the property gifted by him. The remedy for you is to file a suit for declaration of your title to the 4.5 kanal of land and also file a suit for mandatory injunction against the tehsildar. The process begins by engaging a lawyer to file the suit.
1. File a partition suit claiming your share of the undivided and un-demarcated property,
2. Submit all the evidence you have in support of your claim of the share of the property,
3. The Court will divide the property by sending its commissioner after hearing all mthe parties.
1. The land which has been gifted to your father after registering the gift deed is unquestionably your deceased father's property which his legal heirs can now claim,
2. Collect the legal heir certificate and file the partition suit claiming your share of the undivided property,
3. At the time of hearing all the claims will surface and get adjudicated by the Court,
4. Engage a local lawyer having expertise in this field,
5. You can execute a POA in favour of anybody in India to file and look after the case in your absence.