Land dispute on ancestral agricultural land.
3 years ago
Subject: Land dispute on ancestral agricultural land.
Hello Sir,
My father has 3 siblings- 2 brothers and a sister. My grandfather passed away in 1998(at an age of 92).
My grandfather had kept his ancestral agricultural land (7/12) papers on names of his 3 sons only. Later, after his death, my aunt somehow got her name on this agricultural 7/12 land papers. My aunt has also passed away in the year 2005-06
Later when my father and 1 uncle were misguided by talathi to add names of late aunt's sons and daughters (to 7/12 paper) to remove their names and got their signatures on it. Also my late aunt's sons and daughters are married, possess their father's agricultural land and are financially well off. (Location: Nashik, Maharashtra)
My query is -
1. Whether just having names on 7/12 papers makes you eligible for property(agricultural land) ownership?
2. Since my grandfather and his daughter also passed way before 2005, Can my aunt's sons(and daughters) claim for land ownership?
3. Please suggest some way forward to get this issue resolved. So that agricultural lands can be divded amongst my father and 2 uncles peacefully that would be great! As a result of this dispute, none of them are able to reap benefits of govt. schemes.
Sidhaarth
Responded 3 years ago
So on her death the name of her legal heirs be incorporated under 7/12 which proves the ownership.
1. Yes.
2. Yes. They are legally entitled.
3. Be fair and honest and get the property divided among legal heirs fairly quickly including legal heirs of aunt also.
1) YES, having names on 7 by 12 papers make you eligible for the property ownership of the so said land..
2) NO, you are aunt cannot had her name for her sons and daughters name to claim for the land owner ship... How has she added their names??? there is something fishy.. she must have paid some agent some heavy amount to enter their names in 7/12 extract, but we can legally defend even in the Talati & tahasildar of & get their names removed officially but, it is little time consuming work & little expensive, but it is worth as it is the land of your Grandparents. Letting it go just this way is not fair. Take –up the legal challenge & sure we can get success in it.
3) We can get the issue resolved as you have suggested but we will have to file case in the court as to how the names of your aunt and their sons and daughter have been added & come into the 7/12 extract of the agricultural land. As adding the names in any type of land requires NOC from all the current Land Owners names which are there in 7/12 extract/ utara and we can get the names deleted from the agricultural land. You all will have to co-operate along with your uncle and uncle sons also for getting the work done..in your favour.
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