Mere payment of property taxes does not confer title to property
on father demise his share of property would devolve on your mother , you and your siblings
apply for mutation of property in name of legal heirs
My uncle asking me money for land tax
Hello, I live in a town, we have 2000sqft land and a house built on it in which we are living for 22 years. The land was bought by grandfather who bought it under name of his mother. My grandfather had 3 sons, after death of my grandfather who didn't leave any family settlement, we tried to get the house and land on 3 sons name but due to not going on hearings we lost the case. Now we don't have any real paper apart from the holding tax paid for 16 years by my father youngest of 3 sons. I lost my father due to covid this year. My uncle middle of the 3 sons is suggesting we pay land tax by corruption and is asking me money so that we get some real paper to show our presence on land. What should I do ? What are my legal rights on this matter ?
Asked 3 years ago in Property Law
Religion: Hindu
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5 Answers
Dear Sir/ Ma'am,
payment of any tax is not going to render any inheritance or legal right for you.
your father's share will be split equally between you, your mother, and siblings if any.
your can file for partition suit and seek injunction to avoid any encumbrance on the said property.
Thank You,
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Without evidence for possession and enjoyment of the property you cannot claim any rights over the property especially to perfect the title by adverse possdession.You state that you have lost the cse but what was the case, who filed it, what was the relief sought by you people? why the case decided against you?
Without knowing any details it may not be possible to give any further opinion about this property, hence you better consult a local lawyer different from that of your own lawyer and take his opinion and assistance to retrieve the property.
1. You decide whether you have to accede to the demand of your uncle or not.
2. If your father too died intestate and the land was not divided during his lifetime then on his demise his share in the land has devolved on his widow and children equally under Hindu Succession Act.
- Since this land was in the name of his mother , then after her death the property would be devolved upon all the legal heirs equally, i.e.. your grandfather and other his siblings
- Further, after the death of grandfather his share can be claimed by the 3 sons and daughter if any equally.
- Further, after the death of your father , you and your other siblings can claimed his share in the property , and only a tax payment is not enough for claiming the ownership.
- You can send a legal notice to your uncle to partition the property by metes and bonds , if refused then file a partition suit before the court ,even the documents of property are not in your possession.
You can contact me , if further suggestion needed.
