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Property

Land title

My father's brother left home some 15 yrs ago.he had some 2 acres of land adjacent to my father's 3 acres...which my father has been cultivating from last 12 yrs..my uncle hasn't made contact from the time he went away and no fir or complaint has been filed regarding him missing..now after my father's death my father's sisters are laying claim on the land of my uncle..I want to understand whether it's legal or should I take some action against it

( Seoni, Madhya Pradesh )

4 years ago

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A.
Dear Sir
You also entitle for a share If it is not absolute property of your father otherwise it entirely belongs to you.
Kishan Dutt Kalaskar Advocate Kishan Dutt Kalaskar
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Hi,
A person is presumed to be dead if there has been no contact with him for 7 years. Moreover, your aunts have an equal claim to the property as siblings are considered to be legal heirs as per the Indian Succession Act. You may consider filing a suit for partition before the family court if you feel that your father's contribution to the adjacent land has been substantial enough to grant him the sole inheritance.
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Hi,
The presumption of death after 7 long years of absence applies regardless of the reason for absence. The first step would be to get the Court to declare your uncle dead. Since siblings also constitute to be legal heirs, your father's sister shall also have a claim on your uncle's property.
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Vidhikarya
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If your uncle is not heard of then the remaining legal heirs meaning the brother and sister would get the title but as you said your father has been cultivating this land for 12 years he is in possession of the land which means the law of adverse possession will also come into play.
When your aunt files a claim for title or right your father will certainly get 50% but can also fight with the legal angle of adverse possession. Let the lawyer who would be handling the case in the court do this with his/her skills.
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Firstly your uncle is to be declared dead from court of law. If a person is not heard for seven or more years then such person is presumed to be dead. As per law real sisters and your father are legal heirs of your uncle so sisters are also entitled to have share in the land of uncle and you and your mother, brother, sister shall inherit only share of deceased father in the land of your uncle.
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your father sisters are sisters of your fathers brother also, right ?
or they were brothers from different mothers/fathers ?

The sisters are also legal heirs of your fathers brother.
Vidhikarya
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If a person is not heard of for seven years or more then he is presumed to be dead but such death declaration is to be made from the appropriate Court of Law. As no step in this regard was taken for declaration of death of your uncle when your father was alive,therefore, if your uncle was bachelor and if your grandmother and grandfather are dead,then your uncle's property will devolve upon your uncle's sisters.
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