My father and his 3 brother got a land of extent 6 Acres 9 Gnts in Kurnool district of Andhra Pradesh from his uncle as he don’t have the children. He has given a written document in the year 1978 and the same was registered.
My father who is younger expired in the year 2009 by a road accident. My father elder brother also expired in the same year before 3 months.
My cousin sister (my father elder brother daughter) occupied the said property without informing us in the year 2010 and made a patta pass book and cultivating the land. This was came to our notice in later through a relative.
As a legal hire of the property i also requested her to give the share of the property, but she is refusing to give.
Request your legal guidance in this regard, how to proceed to get share in the property.
Asked 3 years ago in Property Law from Kurnool, Andhra Pradesh
1) since your father and uncle became absolute owner of the property in 1978 on demise of your father in 2009 his share in property would be inherited by you and other legal heirs of your father .
2) make an application for mutation of property in name of legal heirs of your father . enclose copy of death certificate .
3) if your cousin refuses to give share in land file suit for partition after issue of legal notice
You will have to file partition suit in civil court to get ur share in said property.
Advocate, New Delhi
Your father and your uncle became the absolute owner in the year 1978 and on his death his share will devolve upon his legal heir.
So first you make an application for mutation of property in the name of all legal heir along with the copy of death certificate.
IF your cousin fails to give your share then you can file a Suit for partition seeking your share in the property.
Advocate, New Delhi
you and your brother sister and your mother after demise of your father have inherited the property so all should give a legal notice to cousin sister to vacate and hand over possession if she does not do so then file suit for eviction possession a.d partition.
Advocate, New Delhi
1. If the land was legally transferred to your father and his 3 brothers from their uncle then after the death of your father you and other legal heirs of your father succeeded equally to the same.
2. The occupation of the entire land by your cousin sister is illegal as her share is not greater than your share in the land.
3. You should move to civil court and file a lawsuit to cull out your equal share in the land.
1. Your father was the 1/4th share holder of the said undivided property,
2. You alongwith your siblings have share on your father's share,
3. File an application for mutating your names in the said undivided property before the Municipality/Corporation,
4. File a partition suit claiming your share in the property and also share of the earnings derived by cultivating the said lkand for past years.
A. Patta is only revenue records, it does not create legal right over the property. However, possession can be proved with the assistance of patta unless contrary proved. Merely because the revenue records stands in the name of a person who hold patta, it will not confer or extinguish title to the holder of the patta.
(2003)1 MLJ 21 (lakshmana Gounder Vs The Special Deputy Collector (LA), Salem Steel Plant, Salem and others) wherein the Division Bench of this Court has held as follows:“12. A patta is a record of possession represents a distinct fractional part of lands. The said presumption has its roots in the system of land tenure and in the custom of the area in which the lands are situate. Each pattadar manages his lands and pays fixed share of the Government Revenue. Entries in revenue records are not conclusive, but their importance in a case for possession cannot be denied, until contrary is shown.”Patta is record for possession. There is no quarrel over the proposition.
B. You can file a suit for partition before the court because of your father is absolute owner of the property. After the demise of the father all class I legal heirs are entitled to get share.
C. You are also entitled to get mesne profit by virtue of your cousin's illegal possession.
You are advised to file partition suit before civil court.
You can claim your father's share in the property and if it is denied,every right to file partition suit after sending notice in this regard.
File a partition suit and claim your share