• Claiming agricultural land after 16 years

Hi, my father's mother had 3 acres in her name at the time of her death. Within a year of her passing, her second son (my uncle) got them changed to his name fraudulently. My father's signature was not taken anywhere. It has been 16 years since then. There was a verbal "agreement" earlier that it would be divided equally between my father and uncle and so in good faith and stupidity we did not claim it. Now we got to know about this fraud. Five years since that act he has transferred 1 acre to his elder daughter's name and 4 years from then he transferred 2 acres to his second daughter. Can we go to court against this? This property is in Telangana. Thank you!
Asked 2 months ago in Property Law
Religion: Other

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8 Answers

Your father can very well file a suit for partition and ask for an equal share out of his deceased mother's property with separate possession. 

It is not barred by limitation hence don't hesitate anymore 

 

 

T Kalaiselvan
Advocate, Vellore
87249 Answers
2342 Consultations

If there are only two children to your deceased grandmother then the property will be divided into two parts,  your father will be entitled to one share divided properly with metes and bounds and with separate possession considering good and bad soil. 

Your father should file partition suit immediately. 

T Kalaiselvan
Advocate, Vellore
87249 Answers
2342 Consultations

The property is an ancestral one and the sons have equal shares in the property. You can go to the court.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You have to file suit to set aside fraudulent transfer and for setting aside gift deed executed by uncle 

 

2) also file criminal complaint of cheating ,criminal breach of trust 

 

3) seek injunction restraining sale of land by uncle and cousins 

Ajay Sethi
Advocate, Mumbai
97046 Answers
7838 Consultations

You will not be at an disadvantage 

 

act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97046 Answers
7838 Consultations

Dear Client,

You have legal basis to contest the fraudulent transfer of the property from your grandmother because your father never signed for the transfer made by your uncle. The Transfer of Property Act, 1882 also states that every transfer made with the intention to defraud the heirs is voidable under section 52. In Telangana you may approach a civil court for a declaratory relief and recovery of property seeking relief on the ground that the transfers made by your father to his brother’s daughters are unlawful. Even though, the act was passed 16 years ago, it may be possible to use the Section 17 of the Limitation Act, 1963 to request the extension of limitation period if the accused did not know about the fraud until now. Procuring the services of a lawyer in property matters is the right step to take in order to be in a safer position as far as the property is concerned.

 

Hope you find this answer satisfactory.

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

Dear Sir,

You may immediately file partition suit as per the following rule of law.

___________________________________________________________

Section 15 in The Hindu Succession Act, 1956


  1. General rules of succession in the case of female Hindus.

 

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

 

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

 

Section 16 in The Hindu Succession Act, 1956

  1. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section

(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6190 Answers
490 Consultations

- Your father can send a legal notice to said uncle for the partition of the property and thereby he can claim equal share in the property left by deceased mother. 

- If no positive response from him, then your father can file a suit for partition , declaration and Injunction before the Court on the ground of date of presently knowledge of fraud came to him. 

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

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