Advocate Koteshwara Rao

Questions Answered by Advocate Koteshwara Rao (25+ answers)

Q: Grndson put the case agagnist grand father for the land share

A person has the 36 acres land, he has two one daughter and one son. His son has one kid(Grandson). Grandson filed case case for his share 1/6th and case filed on all lands. A person gives gift 9 acres to his dauther and 4 acres to his wife and sale 4 acres. Am planning to buy land from him of 3 acres. 1. land have any risk like sale not valid in future or take bought land from me.

Advocate Koteshwara Rao answered
The legal risk mainly lies with the father (seller) since the grandson has filed a claim for 1/6th share. However, if you buy 3 acres without verifying title and pending litigation, your purchase may also be challenged. Proper document scrutiny is essential.There may be legal risks as the grandson claims 1/6th share. Validity of past gifts/sale and your purchase depends on title, partition status, and documents. A clear opinion can be given only after direct discussion with full property records.

Q: Sale of my flat - registration

I am selling my house at 29 lakhs. But buyer has written on sale agreement as 21.75 lakhs claiming that it is the government value. Is it illegal? Should the actual amount be written atleast on the sale deed?

Advocate Koteshwara Rao answered
It may not be illegal, since the sale consideration of ₹29 lakhs differs from the market value as per the Market Value Register, which is fixed based on the relevant survey numbers for the given area. This government-assessed value is applied for stamp duty on property transfers.

Q: Possession of land from last 50 years now RDO says its govt land

In 1973 canadian baptist mission sold property to one person and from him my grandfather bought it. It has all boundaries mentioned in documents and later that 1978 1980 1982 2000 we registered lands in same area but suddenly RDO saying that land is govt land so they will take our property . In all our documents clear boundaries are set and we also have collector permission in 1983 to build a church there and it has survey number mentioned . Now rdo saying that survey number is govt land.

Advocate Koteshwara Rao answered
In your case, the best course is a structured legal approach. First, gather all key documents: 1973 sale deed from Canadian Baptist Mission, deed to your grandfather, subsequent registrations (1978, 1980, 1982, 2000), Collector’s 1983 permission for church construction, tax receipts, pattadar passbooks, and proof of possession. Next, submit a detailed representation to the District Collector, enclosing these documents and stressing that the RDO cannot override the Collector’s prior approval. If the RDO persists, pursue legal remedies. One option is a Civil Suit for Declaration of Title and Permanent Injunction, seeking confirmation of your ownership and restraining interference. Alternatively, or in parallel, file a Writ Petition before the High Court under Article 226, citing violation of property rights under Article 300A, estoppel since the Collector granted permission, and your decades-long possession. Strong points in your favor include the Collector’s 1983 order, long and open possession (supporting even adverse possession if needed), estoppel against the government, and the bar of limitation after 40+ years. Practically, issue a legal notice to the RDO and Collector; if dispossession is attempted, seek interim injunction from Civil Court while pursuing writ relief. The most effective strategy is a dual approach: file both a Civil Suit and Writ Petition to secure your rights and prevent arbitrary takeover.

Q: Land transfer issue - Reg.........

My mother has 3 acres land which come from their parents. In my childhood my mother got expired and 3 acres land was transferred to my father.My father written the will that 2 acres to me and 1 acre to my sister and the will was Notarized. My Father & My Sister got expired, Now I am trying to transfer the 2 Acres land to me as per the will. Now the VRO has stopped the process due to my brother-in-law given complaint to MRO saying that it was my mother-in-law land It was equal share for him and

Advocate Koteshwara Rao answered
Since the land originally belonged to your mother and she died intestate, it devolved equally to all legal heirs—husband, son, and daughter. Your father could only write a will for his 1/3rd share not the full 3 acres. So, his will giving you 2 acres is valid only to the extent of his 1/3rd share. Your sister's 1/3rd share passes to her legal heirs (including her husband), and your 1/3rd is by birthright.Best remedy: File a partition suit in civil court to claim your rightful 1/3rd share and enforce the will for your father's share. Mutation requires court decree if there's a dispute.

Q: Ancestral property or Self acquired property

My great grandfather[A] had passed away without leaving any will. Later his 2 sons[ B and C] shared the Properties and get it registered under their names. What is the nature of the Property under B can be called as either ancestral or self acquired. B has wrote registered will to his grandson by ignoring his daughters. If the Property under B can be called as ancestral property, daughters of B will have the equal rights and the will do not hold any valid. Clarify me

Advocate Koteshwara Rao answered
If your great-grandfather A died intestate and his sons B and C later divided and registered the properties between themselves, the property B received is not ancestral but becomes B's self-acquired property by partition. Once B receives his share, it becomes his absolute property, and he can dispose of it as he wishes.Hence, the property under B is not ancestral in the hands of his children. Therefore, B’s registered will in favor of his grandson is valid, and his daughters have no legal right to challenge the will merely on the ground of being his daughters.Only if the property had remained undivided from A down to B’s children, it could be considered ancestral. Since partition occurred, the character changed to self-acquired.