1. My father died in 1989 and my father-side grand parents died after a few years. From that point till now, all the lands, property were enjoyed by my father's brothers. One of my father's brothers informed my mother that he was guardian of my property and will handover to me only after 21 years. My mother tried to persuade them (father's brothers & their family) to hand over the lands in my name once i crossed 21 yrs. However, nothing was given to me on paper. From other relatives, we got to know that my grand father executed a will but it is not registered. We are not aware of what is written in will and no copy of will is available with us. There is no co-operation from my father's brothers other than promises and delays. They are not willing to share copy of will with me. Other relatives informed us that one of my uncle already sold lands which belonged to me. Please guide me on what are the possible legal options available to me to get the will and claim my rightful share of property. It is informed that my mother did second marriage in 1994. 2. With the help of a staff in local revenue office, i got to know that around 3 acres of agricultural land is still in my father's name as G-patta as per Form 1-B and Adangal records. Same is also shown in online records. When my uncle was confronted with this information, he said that he already sold this land to a third party but revenue records are not updated. Please guide on How can i claim that land and get patta in my name. I was suggested that i need to apply for legal heir certificate from local tahsilhar and get patta transferred to my name from my father's name. Given that agricultural land is occupied/ in possession of my uncle or some third party all these 30 years and land tax is paid by them only, can i directly claim that land in my name after getting legal heir certificate? and what legal issues are involved in this matter?
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File suit to set aside sale of 3 acres of land by uncle
2) you can apply for mutation of land in your name as legal heir . Obtain legal heir certificate
3) enclose father death certificate
4)also file suit for partition for division of other properties
If you are the only legal heir to your deceased father then you can file a suit for partition and separate possession of your legitimate share out of your deceased father's share in your grandfather's property.
If at all there's any Will, let your uncles produce them before court and challenge your suit.
You can contact an advocate in the local and proceed as suggested.
2. You can very well apply for transfer of revenue records from your father name to your name by following the procedures that has been informed to you in this connection.
1. Your deceased father's entire property has been inherited by your mother and yourself.
2. Before her remarriage, she became entitled to inherit her deceased husband's property along with yourself and your Uncles have no role to play here.
3. Had there been a will, its probate was required to be availed by your said Uncle marking copy of the said will to you to enable you to contest in the Court. Without probate, will has no value more than a srap paper.
4. Both upu and your mothe shall have to file a Title Suit claiming recovery of possession of your inherited property.
Dear Sir/Madam,
You are suggested that you need to be strong a bit and claim your share first by the serving a legal notice and then by way of case of partition. In the court cases your uncle is supposed to disclose all his acts and you will be benefited by countering any illegal or controversial acts done by him.
With reference to my first question, i found that two of my uncles (my deceased father's brothers) sold several acres of agricultural land which belongs to my deceased grandfather in years 2004, 2005, 2007 and 2010. Copies of sale deeds of specified transactions are available with me where it is clearly specified that they (my uncles) received the land from their father (term patriarchal is specified in sale deed) Can I challenge those transactions now in court stating that those were done without my consent? As these were old transactions (around 12 to 18 years old) and land is agricultural land in Andhra Pradesh, whether any limitation period/ adverse possession etc is applicable which prohibits me from contesting in court?
Yes you can challenge it within 3 years from your knowledge of the same
File suit to set aside sale deeds by uncle
take the plea that as father had died in 1989 and you were a minor at t th hat time not aware of fraudulent sale
fraud was discovered recently and suit filed within period of 3 years
If your grandfather was reported to have died intestate death then your father had a right over his legitimate share in that property.
If your father is not alive now then on the basis of his legal heir, you can very well fight for your share by filing a suit for partition and separate possession of your rightful share in it.
For partition there is no time limit, however you should ensure that whether your father a right over the property at the time of his death.
1. File a declaratory suit praying for a declaration that the said sales were illegal since you are also a joint holder of those sold properties and also pray for a direction upon the Registrar to cancel those sale deeds.
2. Simultaneously, you can also file an application under Order 39 Rule 1 & 2 praying for an injunction order restraining the said buyers of the properties not to deal with those properties in any way till the suit is disposed of.