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Family joint property dispute
Question
- Hello sir my mother’s name is Iswaramma my mother was born in 1961. My mother’s father i.e. my grandfather has five daughters and two sons. In 1981, my grandfather bought a 37 acres of agricultural land in the name of his two sons. In the sale deed document it is said that my elder uncle and younger uncle bought the land with their own money. When that land was bought, one of the two sons of my grandfather(my younger uncle) was a minor(10years old). My mother was not yet married at the time when they bought that land. But the other four daughters are married.
In 1997 my uncles fought with each other and my elder uncle had done mutation on entire 37 acres of land on his name only. From then onwards he is enjoying that land without sharing with his brother i.e my younger uncle who has equal share in that land according to sale deed document and EC. My elder uncle died in 2009. After his death his widow wife had done mutation of 25 acres land on her name and 9 acres of land on her daughter’s name.
Now my elder uncle’s widow and daughter are saying that they will support us in court but on one condition that by saying my elder uncle bought his share of land(i.e 18.5 acres) by paying with his own earned money as he was major at the time of buying the land.but his brother my younger uncle was minor so he can’t prove he bought his share of land with his own money. So my elder uncle’s widow and daughter will say in court that my grandfather(my mother’s father) bought the other share of land(i.e 18.5 acres) for my younger uncle. so with this proof can my mother and her sisters get share in my younger uncle’s 18.5 acres of land. So how can we file a case to get share in that 37 acres of land. Can we get share only on my younger uncle’s share of 18.5 acres land as he was minor at that time or we can get share on total 37 acres land.
Now Can my mother file a case for a share in that land, sir as it is almost more than 40 years since the land was bought as a joint property on the name of both of uncles. if we can, how do we have a chance of winning the case?
Answer ( 1 )
The money was paid by the grandfather and if now you claim that the elder uncle being major had paid from his own pocket then his source of income at that point of time would be required to be proved before the court that at the particular time of sale, the elder uncle was gainfully employed and earning from which the amount was accumulated when the purchase was made. If the sale had taken place and the younger uncle was given 50 percent share, the said mutation which has taken place exclusively in the name of elder uncle is required to be challenged on the basis of the registered sale deed and the younger uncle would get his 50 percent share. The sisters will not have a share if the property was disposed off by way of sale as it was self acquired property of the father and hence it was within his right to dispose off the property as per his wish.