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Share in deceased father's property?
06-Jan-2023 (In Civil Law)
My father baught a agri.land from his friend without any registration just a mouth word. The land was in my father's possession. My father and his friend no more now. After death of my father the land is in my mother's possession. My mother sold few house sites to village people with agreement. Without notice to my mother my father friend sons sold land to others. Now they sent me a suit summons to attend the court. We have given police complaint saying that the land is in our possession also given a complaint at MRO office with all village people. Please suggest and guide me how to get my father property from such fraudulent guys ?
on which date your father brought agricultural land from his friend. from how long your mother is in possession of the said land and who is possession of the land now. you can attend to the court without any fear. you can proceed with the suit by adducing evidence on your behalf.
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Adv. Shake Abdul Azeem
Vijayawada | 25+ Answers
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Hi
you should claim adverse possession and contest the case.
You can submit proof(building plans, electricity bills, phone connection, aadhar card, voter card) etc as proof
If it is an agricultural land, you can claim ownership through pahani/adangal
you should claim adverse possession and contest the case.
You can submit proof(building plans, electricity bills, phone connection, aadhar card, voter card) etc as proof
If it is an agricultural land, you can claim ownership through pahani/adangal
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Concerned, Sorry to say but legally nothing much can be done in your case. As you yourself claim that your father obtained the said property with only word of mouth, this cannot be considered as a claim for ownership of a land. Further being in possession of a property will also not entitle you to be owner of a property. Also as said by you that a part of land was sold away by your mother, this too can be challenged in court of law by the sons of your fathers friend as no link documents were available with her to show her ownership. Here we need to know a lot more details that when did your father bought that land from his friend, what events followed after that. If full details are brought to our knowledge we can assist you in possible ways.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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The query is devoid of many crucial details and any advice on the matter will not be devoid of the risks it entails.
Agricultural land bought with just word of mouth… Oral sale is not a sale proper as per Transfer of Property Act but is merely treated as executory contract subjected to be pleaded and proved to the satisfaction of the court.
When was the land bought and since how long have you been in possession? And was the possession peaceful for such duration. In any which ways if you say or plead that it was an oral sale without registration and proceed further then that would preclude your plea of adverse possession.
Who is in the possession of the documents pertaining to the said agricultural land.
Your mother sold few house sites to village people with agreement - those who bought the land from your mother will not have any better title than what your mother had. Same goes with the sale your father friend sons had made. Another stricture or grace whichever way you want to look at the issue is the protection of bona fide purchasers of the said properties.
Those who sent you the suit summons - what exactly is the suit all about?
Depending on the kind of suit filed, police complaint and complaint at MRO office will have less bearing on the case as the matter may turn out be sub judiced.
There may still be legal remedies available to you but that would depend on the kind of suit the other party has filed against you.
Agricultural land bought with just word of mouth… Oral sale is not a sale proper as per Transfer of Property Act but is merely treated as executory contract subjected to be pleaded and proved to the satisfaction of the court.
When was the land bought and since how long have you been in possession? And was the possession peaceful for such duration. In any which ways if you say or plead that it was an oral sale without registration and proceed further then that would preclude your plea of adverse possession.
Who is in the possession of the documents pertaining to the said agricultural land.
Your mother sold few house sites to village people with agreement - those who bought the land from your mother will not have any better title than what your mother had. Same goes with the sale your father friend sons had made. Another stricture or grace whichever way you want to look at the issue is the protection of bona fide purchasers of the said properties.
Those who sent you the suit summons - what exactly is the suit all about?
Depending on the kind of suit filed, police complaint and complaint at MRO office will have less bearing on the case as the matter may turn out be sub judiced.
There may still be legal remedies available to you but that would depend on the kind of suit the other party has filed against you.
Helpful?
11+
11+
Adv. N M Khundmiri
Hyderabad | 25+ Answers
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