GreatGrandfather property issue
9 months ago
My great grandfather was allotted 24 acres of land by Government of Mysore as a reward for his achievements in the Indian army. He had 4 childrens. He hasn't sold that land or written it to anyone not even his childrens. So after my great grand father death his childrens inherit that property. But
when I was just seeing the Pahani papers I saw the some third persons have been living in this 24 acres of land and mentioned that they become the owners of that land by Karnataka Land reform act 1978. So I have few questions
1 - this was the land given by Government for my great grandfather so can these third persons become the owner of this land due to the land reform act 1978? Does this mean his children can't have this land anymore?
2 - Can we regain this land which we have lost due to the land reform act?
3 - If my great grand father hasn't sold the land to anyone that means that his children also can sell the land to any third persons right? Because they have just inherited it from great grand father after he died and not the real owners of the property . Also can we regain this land if at these children has sold their property not among themselves but to some third persons?
The land reform act was implemented to redistribute land to landless farmers and tenants, aiming to provide them with a means of livelihood. While your great grandfather was allotted the land by the Government of Mysore as a reward, the subsequent application of the land reform act might have affected the ownership status.
The act allowed for the redistribution of land to eligible beneficiaries, which means that if the land was classified as surplus and the third persons qualified under the act's provisions, they might have acquired ownership rights to the land.
Regarding your great grandfather's children inheriting the property, their claim to ownership might have been affected if the land was declared surplus and redistributed under the land reform act.
Regaining land lost due to the land reform act can be a complex legal process. You would need to consult with a lawyer experienced in land and property laws to evaluate the specific circumstances and explore any potential legal avenues. In some cases, it might be possible to challenge the redistribution if there were irregularities in the process or if the land was not surplus.
If your great grandfather's children inherited the land after his death and have not sold it among themselves, they would likely have a joint ownership interest in the property. Each child would hold a share in the land as legal heirs to their father.
Regarding selling the land to third parties, joint owners typically have the right to sell or transfer their share in the property. However, they cannot sell the entire property without the consent of the other co-owners.
If your great grandfather's children have sold their share in the land to third parties, it might be challenging to regain the land entirely. However, if there are legal grounds to challenge the sale or if the sale was not executed correctly, you might have some options to explore.
By the nature of the devolution of property from the hand of Great Grandfather to your 4 grandfathers, and following the law of inheritance under the Hindu Succession Act, 2005, the said property is an ancestral property in the hand of surviving legal heirs/coparcener who are entitled to an equal share in the said land. But, in case of ancestral property in the hand of surviving legal heirs, you including other coparceners cannot transfer the entire/part of the said ancestral property in favour of any other person without the consent of other coparceners. So you being a coparcener may file a suit for partition of the property to get an equal share in the property along with others and file a suit in the Civil Court for cancellation of documents by which a third party transferred a part of said ancestral property in his favor and get it mutated under the Karnataka Land Reform Act 1978. So, reach out to an Advocate for guidance and steps. For any kind of legal assistance, you need in this regard, you may contact our legal team for the purpose along with your all relevant papers
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