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Request for an advise considering the legal & property laws.

  • Property Laws / Building Laws
  • Anil Kumar
  • 1256
  • 3
Anil Kumar
Anil Kumar

Dear Sir

Good Day

Kindly advice a solution of our mother's property issue and seeking for the possibility of my mother's merit based on the story below:

My name is Mahesh, 45 years of age. I am the youngest son of our parents and I have one sister and brother too. My father passed away in 2010.

Our parents had bought around 30 cents land from my grandmother in 1972 (mother’s mother). But, 12 cent land was owned by my grandmother in it. (Our parents bought only 30 cents from grandmother). But grandmother's 12 cent land attached to it. So that makes total of 42 cents, where my Parents had also built one house on it in the same year.

My grandmother died suddenly in 1987, without writing a will. She had 6 children (2 sons & 4 daughters).Out of them, only my mother and one of her youngest brother are alive now. Her brother who is working in the Middle East who has given my mother his share of two cents as gift, and has documentary evidence for it. So my mother actually can claim for 4 cents at the moment. (Out of Grandma’s 12 cents between 6 children of my Grandmother)

My Sister, at the time of her marriage, has already got registered 20 cents of land plus the ancestral house, and will get possession after my mother’s death. My mother, 76 years, still lives in this house they built, as our ancestral home.

My grandmother wanted to give my mother her share of 12 cents, however never documented it.

Now my mother wants to give her share of 2 cents plus her brother’s gift of 2 cents to me as gift.

As this 12 cent was always attached to my mother’s property, out of which 4 cents is legally hers now. Remaining 8 cents as she had till now sweat on it and had the benefits from it so far, for last 45 years till now, is there any possibility of attaching the remaining 8 cents of land to my mother’s name.

There were 19 children from my mother’s expired siblings and out of it, 3 of them too died already.

My mother is suffering from a rare disease Myasthenia Gravis, for the last 6 years, for which she has had to spend quite a bit of money. For her treatment, our mother had sold 10 cents land in 2013.

So now, excluding 20 cents and house which is my Sister’ share, only the 12 cents remaining which is supposed to be my Grandmother’s share.

She still continues to pay relevant land taxes to the government for the last 45 years. She is enquiring the possibilities of her ownership of the remaining 12 cents within land property laws and regulations.

I trust it got the clarity now. If you have further questions, kindly post the same and I am happy to provide the complete assistance that required.

Many gratitude and thank you for the support.

Truly your’s

Mahesh.

7 months agoReport

Replies

Your mother is entitled to claim adverse possession since your grandmother's 12 cents portion by virtue of possession, enjoyment and payment of dues on the land since 1972. Many caselaws on this.

p.subramanian01@mail.com

7 months agoReport

Dear Mr Mahesh,

Your mother may be in possession of the property since 1972 but mere possession would not lead to title. As the property is ancestral one all the members of the family has got absolute claim over their respective shares. It is not material who is paying taxes, but in whose name the property taxes were paid is important. Your mother has to compromise with other members of the family and their consent is required to get title over the property. So please approach other members and have an amicable settlement.

M M SHETTY - 9448085404

advocatemmsinida@gmail.com

7 months agoReport

yes, it can be done by overcoming a few hurdles. at first, it is necessary to have a face to face interaction for this, as it is not possible to guide you over internet without any documents. kindly make me a call and take an appointment for further details.

Sreemon Bose

Advocate

9674924377

advocatesreemonbose@gmail.com

6 months agoReport

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