Great grand father property claim
9 months ago
My great grand father had 24 acres of land here in Bangalore. He had 4 childrens. My great grandfather hasn't divided the property to anyone of his children nor sold it to anyone. After his death out of his 4 children one of them named Raj has taken 2 acres of land and in his property paper it is written has that he has got the property by transfer deed from his Dad( that is my greatgrandfather). How is this possible because great-grandfather hasn't divided nor written it to anyone? Also the rest 22 acres are taken by some third persons and they are saying that they got the land and become owners of that land by the Karnataka Land reforms 1978 Act. Does that mean I can't get any of the land in this 24 acres? What should I do?
A.Dear Client,
The present status of your Great Grand Father's land is ancestral property. When your Great grandfather passes away leaving the land intestate, then as per the law of inheritance, all the surviving legal heirs or coparceners are entitled to an equal share of the said land. In the absence of any partition of the said land through a decree of the Court, the individual share of the said property/land cannot be distributed among the legal heirs. Further, in the absence of consent of all the legal heirs/coparceners, the individual share of the land cannot be transferred to others. So, the land belongs to Raj which was transferred by Great grandfather when he was alive through a registered deed of conveyance, then excluding that part of the land, the rest lands shall be equally distributed among the legal heirs. So, you need to enquire the matter from the concerned Block Land Reform Office as to how the rest 22 acres of land are transferred to the hand of a third party who claimed to be the owner of the said land through mutation under the Karnataka Land Reforms Act, 1978. If the information is not accessed normally, then file an application under Sec.6(1) of R T I Act, 2005 to the concerned Public Authority seeking the specific information. Reach out to Advocate for necessary guidance and steps to be taken in the matter to get your share in the said ancestral property.
The present status of your Great Grand Father's land is ancestral property. When your Great grandfather passes away leaving the land intestate, then as per the law of inheritance, all the surviving legal heirs or coparceners are entitled to an equal share of the said land. In the absence of any partition of the said land through a decree of the Court, the individual share of the said property/land cannot be distributed among the legal heirs. Further, in the absence of consent of all the legal heirs/coparceners, the individual share of the land cannot be transferred to others. So, the land belongs to Raj which was transferred by Great grandfather when he was alive through a registered deed of conveyance, then excluding that part of the land, the rest lands shall be equally distributed among the legal heirs. So, you need to enquire the matter from the concerned Block Land Reform Office as to how the rest 22 acres of land are transferred to the hand of a third party who claimed to be the owner of the said land through mutation under the Karnataka Land Reforms Act, 1978. If the information is not accessed normally, then file an application under Sec.6(1) of R T I Act, 2005 to the concerned Public Authority seeking the specific information. Reach out to Advocate for necessary guidance and steps to be taken in the matter to get your share in the said ancestral property.
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A.Dear client,
Succession and Inheritance: When a person passes away without leaving a will or making a division of property, the property generally passes to the legal heirs according to the applicable inheritance laws. The legal heirs, in this case, would be the four children of your great grandfather.
Transfer Deed: If Raj has a transfer deed showing that he received 2 acres of land from your great grandfather, it's crucial to investigate the validity of this document. The transfer deed might have been executed during your great grandfather's lifetime, and you need to understand the circumstances and legality of such a transaction.
Land Reforms Act: The Karnataka Land Reforms Act of 1978 aims to address land redistribution and regulate the ownership and transfer of agricultural land. If the remaining 22 acres were acquired by third parties through this act, it might have implications on the ownership rights of the original heirs.
Consult a Lawyer: Given the complexity of the situation, it's highly advisable to consult with a lawyer who is well-versed in property and land laws in Bangalore. They can review the relevant documents, assess the legal status of the property, and advise you on your rights and options.
Property Documentation: Gather all the available property documents, including records related to your great grandfather's land, transfer deeds, and any documents related to the acquisition of the remaining 22 acres by third parties.
Legal Proceedings: If necessary, your lawyer can advise you on the possibility of initiating legal proceedings to assert your rights to the property and to challenge any irregularities in property transactions.
Time Limitations: In legal matters related to property, there might be time limitations to challenge certain transactions. It's essential to act promptly and not delay seeking legal advice.
Succession and Inheritance: When a person passes away without leaving a will or making a division of property, the property generally passes to the legal heirs according to the applicable inheritance laws. The legal heirs, in this case, would be the four children of your great grandfather.
Transfer Deed: If Raj has a transfer deed showing that he received 2 acres of land from your great grandfather, it's crucial to investigate the validity of this document. The transfer deed might have been executed during your great grandfather's lifetime, and you need to understand the circumstances and legality of such a transaction.
Land Reforms Act: The Karnataka Land Reforms Act of 1978 aims to address land redistribution and regulate the ownership and transfer of agricultural land. If the remaining 22 acres were acquired by third parties through this act, it might have implications on the ownership rights of the original heirs.
Consult a Lawyer: Given the complexity of the situation, it's highly advisable to consult with a lawyer who is well-versed in property and land laws in Bangalore. They can review the relevant documents, assess the legal status of the property, and advise you on your rights and options.
Property Documentation: Gather all the available property documents, including records related to your great grandfather's land, transfer deeds, and any documents related to the acquisition of the remaining 22 acres by third parties.
Legal Proceedings: If necessary, your lawyer can advise you on the possibility of initiating legal proceedings to assert your rights to the property and to challenge any irregularities in property transactions.
Time Limitations: In legal matters related to property, there might be time limitations to challenge certain transactions. It's essential to act promptly and not delay seeking legal advice.
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