You can file a partition suit making your brother and other class -I legal heirs of your grandfather as parties to that suit. You need to keep a few other things in mind regarding limitation period before you file your case.
Need Infomration
My father got adopted by my grandmother after her husband's death. She got 70 acres of Agricultural Land from her Husband property share. we are two brothers. I used to stay in different location because of my government job. in 1974 my brother gave a consent letter to local tahsildar office. The letter says my grandmother is transferring the ownership to him. It has signatures of local residents as witnesses (witness persons are not alive now). I came to know about this transaction one year back. Asked the brother about it. He said she gave all property to me she was not interested to give you (my grandmother died in 2016.My father died 2010 before my mother expired). Can This Transaction be challenged now as this was not registered? Since my grandmother inherited this property from her husband after his death it will not be considered and ancestral property? in 1974 the registration of such transaction was not mandatory
Asked 19 hours ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
Was registered gift deed executed
gift deed is necessary to confer title to property
you can file suit to set aside transfer of property done in your brother name
seek injunction restraining sale of property by your brother
Given the circumstances, here’s a brief overview of your options and considerations:
-
Challenge the Transfer: Since the 1974 transaction was not registered, it may not legally confer ownership to your brother. In that period, a registered gift deed or other formal documentation was required to transfer property ownership effectively. You can file a suit to set aside this unregistered transfer.
-
File a Partition Suit: You may file a partition suit, naming your brother and any other legal heirs of your grandfather as parties. This would request a legal division of the property, and the court could examine the validity of your brother’s claim.
-
Consider Limitation Periods: Be mindful of the limitation period, as significant time has passed. However, since you became aware of the transaction only recently, you might argue that the limitation period should begin from your discovery of the issue.
-
Seek Injunction: To prevent your brother from selling or transferring the property, you can request an injunction restraining him from doing so while the suit is pending.
-
Property Classification: Since the property was inherited by your grandmother from her husband, it would likely be considered her personal property, not ancestral. This can affect inheritance rights, but you and your brother could still have claims as her heirs.
1. It's barred by limitation.
2. Is there a registered adoption deed?. If there were to be a registered adoption deed by your grandmother, then you can make an attempt.
3. To determine whether the land as ancestral, it should have traversed for four generations without any break.
property is not ancestral but if grandmother had expired intestate then transfer can be challenged. Rest to be ascertained on examining the details.
The property inherited by your grandmother will be her own and absolute property.
However the transfer of her property during her lifetime should have been made by executing a registered deed and not by an unregistered document.
You can challenge the transfer by filing a suit for partition and claim your legitimate share in it with separate possession.
The property has no ancestral character. Though your brother's claim is wrong, he may contend that he is entitled to title and ownership by adverse possession since 1974. Your legal action is time-barred.
- As per law, after the demise of your grandmother , his property would be devolved upon his wife i.e. your grand mother
- Further, after getting the said property , it will considered as her self acquired property, and she was having her right to transfer the said property to anyone.
- However, if your brother is not showing any Will or gift deed then he cannot claim the property on any ground
- You can send him a notice for the partition of the property equally , and if no positive response then file a Partition suit before the Court.
This is a legal way to transfer ownership. You have 50% in the land.
1. You shall have to challenge the said so called transfer of the land without any registered deed on the ground that your grandmother was coerced or was deceived to sign the said document.
2. File a partition suit claiming your share of the said property.
3. It is not an ancestral, property.
Dear Client,
In the Present Scenario, your father was adopted by your grandmother after your grandfather's death. You grandmother inherited 70 acres of agricultural land from her husband's property share. You are two brothers however, you used to stay in different location because of your government job. In 1974, your brother had given a consent letter to the local tahsildar office, wherein, your grandmother was stated to have transferred the ownership to him. It has signatures of all the local residents as witnesses, who are not alive presently. When you asked your brother of the same, he said that she gave all the property to you, that she was not interested to give you. Herein, taking Indian Registration Act, Indian Succession Act, 1925, and Transfer of Property Act, firstly, your property has been self-acquired and not ancestral. However, since your grandmother inherited this land from her husband, it is a self-acquired property. With respect to the consent letter and registered will, the consent letter may not be taken as a guarantee transfer of owner. The point that your grandmother may have expressed a preference for one son over another does not automatically transfer ownership unless backed by formal legal documents.
Hope you find this answer beneficial for resolving the dispute.
