Land litigation Land litigation

5 years ago

Hi All,
I am pursuing LLB 3rd year just wanted the help of lawyers for land litigation, which comes under lakkireddy palle jusrisdiction.
Actually the land was mortgaged and later registered to the creditors as we have not paid money in 1995, the registration was signed by my dad only ( Grand father has 2 sons and 1 doughter nobody signed except by my dad) at that time we are minors .The land is from ancestors so as a grand son we are having rights on property as per law.

Now we are facing some problems with that land owners so I wanted to file a suit will it be possible to get back.we can pay the credit amount with interest if even court ask for , I think the amount was less than 20k.

Thanks for your help in advance

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
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Pb Reddy

Replied 5 years ago

Hi sir,

I got a clarity that I could not file a suite on this ground am I right ?

Thanks for your suggestion

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Shreyash Mohta

Responded 5 years ago

A.Dear student, as your query goes lets analyse it step by step

1. Ancestral property was mortgaged
2. Such property had 4 owners [Grand Father, 2 sons and 1 daughter]
3. Property got registered in the name of the creditors [Which by the way would not be legal]
4. Signature of your dad only [A mortgage of ancestral property shall hold signatures of all the heirs having interest in it or else have a NOC from all other heirs stating that they have no objection]

Having said that, the mortgage document will not be an enforceable document in a court of law. However, try to solve this dispute amicably by way of outside court settlement.
In case such settlement is not possible you can file a suit stating that the mortgage deed was in itself void.

Thanks
Shreyash Mohta
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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Student,
Yes, there is a possibility if the other party agrees.
Shanti Ranjan Behera
Advocate
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Pb Reddy

Replied 5 years ago

Hi sir,
Other party in the sense my father's brother and sister ? Or the creditors?

Thanks

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Rameshwar Dadhe

Responded 5 years ago

A.Please explain who's currently owners of the land
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Pb Reddy

Replied 5 years ago

Hi,

The land owners are now the creditors who gave money to my father.

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Rameshwar Dadhe

Replied 5 years ago

U should try to solve it peacefully

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