• Property land issue

Dear Sir/Madam, 

I need legal advice on the property issue as below. 

My Father purchased a land (25 years before i.e. around 1989) in a village and registered on his mother (i.e my grand mother). Still its in my Grand mother's name only. As my father loves his mother very much he did like that earlier i.e. 25 years before. My Father's sisters and brothers aware of this that my Father purchased a land on his money and hardwork and its not anyone's land. 
My Grand mother has 3 sons(including My father who is elder among all) and 2 daughters. One son is died (who is uncle to me), and he is having two childrens ( their (childrens) ages are now above 22+ years ) both are working in state government. My uncle's childrens and his wife (i.e my aunty) are now creating an issue after 25 years and telling that they have an affidavit from my Grand Mother that states as below 

 "After my grandmother died all her property ( which was technically nothing) should go to her second's son i.e. to my uncle like that ( My Uncle is died already)"   

Even, they have all the photocopies of our land documents.  

We haven't saw the affidavit but listen from our relatives. My Uncle's children now they are creating an issue because of that. 

My Father already got an approval from the government municipality on his name on that land and we already started built a home on that said land ( almost 50% construction completed) and its stopped currently because of this nuainces/disturbances between the family. 
My Uncle's wife and his  kids went to municipal office to inform the  same. We havent got any legal notice from any one on this but got an oral information from the municipal authorities to submit the document proof that states that "My grandmother transfer her rights to my father back again like that". We don't have any document like that. 

As my father loves his mother very much he did like that previously. 

How to solve this issue without creating any problem in the future ?? 

What are the things we have to do to get it corrected and complete our construction without any further hassle ?? 

Will there be any issues or complications ??

Appreciate, your legal advice in this matter.
Thank you so much in advance.

With Regards
Asked 3 years ago in Property Law from Nizamabad, Andhra Pradesh
1) your grand mother is absolute owner of said land 

2) in the event your grand mother dies intestate ie without a will your father will have only 1/5th share in said land . 

3) your uncle 1/5th share will devolve on his wife and children . 

4) your grand mother can execute a gift deed in favour of your father wherein she gifts the land out of natural love and affection to your father . have it duly stamped and registered. 

5) in the alternative your grand mother can make a will wherein she bequeaths land to your father . will should be attested by 2 witnesses 

6) the affidavit executed by your grand mother is not a will . she can during her lifetime execute gift deed or will . 

7) for carrying out construction on said land your father would need your grand mother consent
Ajay Sethi
Advocate, Mumbai
45580 Answers
2677 Consultations

5.0 on 5.0

1) the query did not mention about demise of your grand mother . 

2) in the vent your grand mother died without a will your father has only 1/5th share in land . 

3)on basis of death certificate your father should apply for mutation of land in his favour in revenue records . obtain consent of other legal heirs . 

4) your father should obtain gift deed / relinquishment deed from other legal heirs . 

5)your aunt would not become sole owner of said land merely on basi s of affidavit . it is not the last will and testament of your grand mother . it has not been executed by her in presence of 2 attesting witnesses . 

6) better arrive at an amicable settlement with your aunt and her children
Ajay Sethi
Advocate, Mumbai
45580 Answers
2677 Consultations

5.0 on 5.0

Your grandmother holds the same.if there is no will your father will get only 1/5 of the share in the same.the affidavit will not transfer the right to him. You can divide the same using her death certificate and legal heir certificate.affidavit will not give rights.your father can get a release deed from other heirs to start construction
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

1. all legal heirs have 1/5 share in said property.

2. get  registered release deed from other legal heirs and give cash to them as per their share.

3.ur father then can start construction without any problem.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

1.The property belonged to your grandmother during her lifetime and during her lifetime she has not transferred its title in the name of your father,

2. So, your father can not claim title of the said property,

3. Municipal approval on any matter in connection with the land does not convey title of the land,

4. Other legal heirs of your grandmother can file a partition suit & you do not have any document to defend your claim on the said property,

5. Better settle the matter with other legal heirs amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
18510 Answers
448 Consultations

5.0 on 5.0

1. Had the nproperty been purchased before 1988, your father had a chance to claim the title of the property on the plea that he had purchased the said property in the 'Benam' of his mother,

2. Such Benami transaction has been made invalid after the enactment of  Benami Transaction (Prohibition) Act,1988.
Krishna Kishore Ganguly
Advocate, Kolkata
18510 Answers
448 Consultations

5.0 on 5.0

As the land was registered in your Grandmother's name she is the absolute owner of the property.
As she died intestate, that is without leaving a will behind, the property will devolve equally among all children.
As such your father is entitled for only 1/5th of the property. In order to get the property transferred in your father's name alone, he needs to get other heirs to relinquish their share through a deed of relinquishment and have it registered.
It would be advisable that you talk to all the legal heirs and make a family settlement; you may have to buy out 4/5 shares from the remaining heirs or if only the aunt and her children are the dissenting heirs, buy out their share and get others to execute relinquishment deeds.
Engage a local lawyer to help you.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

Hi, your grand mother is the absolute owner of the property and if she does not execute any will then all the legal heirs are right over the property and secondly they claiming property on the basis of the affidavit does not hold any water, they can't claim property on the basis of the affidavit.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

After death of your grand mother,  her all properties will be divided between her children. It is settled law that after death of a person died intestate means without executing a will, his property will be divided between his heirs according to Indian succession act. It does not matter that any of those property is benami i.e. ostensible owner for the principal. In your case, your father is the ostensible owner of that property which was registered in your grand mother's name.    

After her death your father is entitled to get only 1/5 part of that land. Your uncle's objection is based on legally sound basis. Your father can't be  a real owner only because of he got an approval from the government municipality. There should have a gift deed in your father's favour. 

If you want to retain your possession and full title over the land then you should file a civil suit and prepare a story on basis of the documents which you have but it will be tough for you to prove complete ownership over that land.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. If your grand mother died without making a will then subsequent to her death the property devolved equally on all her legal heirs including your father. So your father has a 1/5th share in the property.

2. The affidavit made by your grand mother cannot be equated with a will. So no rights accrue out of it to any one.

3. Your uncle's share has devolved on his legal heirs i.e his widow and children. 

4. Your father should apply for mutation of his name in the records of revenue register.

5. Thereafter, a partition deed can be made to divide the property equally. If no consensus is reached among all the heirs then any one of them can move to court to file a case for partition to cull out his/her share in the property.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

your father should take consent before construction ,simple affidavit is not will,legal heir are only entitled.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers

4.5 on 5.0

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