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Sir My maternal grandfather purchased land during 1921.My maternal grandfather died intestate in 195


07-Dec-2023 (In Property Law)
Sir My maternal grandfather purchased land during 1921.My maternal grandfather died intestate in 1954 .He had two children namely my mother and my mother's brother.The property was enjoyed jointly by both of our family after his death .My uncle family paid the annual cultivation profit to our family.The name on patta of the land was transferred to my deceased uncle wife name in 1972 during UTR patta transfer .My mother died during 2006.For the past three year my uncle family didnt paid me any amount for cultivation.It was found that they sold land producing patta and hiding the title document in 2018.Title document is in name of my Grandfather.I need to suit case on my uncle family since they forged the sale by showing the patta. 1)We took EC from 1921 to till date 2)No partition or release deed was made by my mom with her brother 3)They sold using Patta and they didnt even mentioned about the title document 4)They didnt produce proper legal heir certificate and death certificates
Answers (2)

Answer #1
595 votes
In the push and pull of how a property needs to be distributed or whether the legal heirs have got the right share, many families and extended families get tangled in legal cases. Land disputes in India are complicated and often such litigations run into years. We have already covered the inheritance rights of family members as laid out in the Hindu Succession Act. Despite rules, it is not uncommon to see members of a family get into a tiff and file a partition suit. Here’s a step by step outline of how to go about a partition suit in India.
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Answer #2
938 votes
It is not proper to sell a land using only patta. The sale becomes null and void if you produce legal heir certificate and death certificate. Since your mother has not made any partition deed or release deed in favor of her brother sale is nullified that is legally not acceptable. Also need to do title search in document properly.
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