Gifted land being reclaimed by descendants
7 months ago
My mother was given a piece of land by her father and a house was constructed on a part of it in 1939. Thereafter she and her children have been continuously staying in that house. Now she is no more. The area surrounding the house is being claimed by my maternal uncle's grand kids now. We do not have any property transfer papers as such but have been living on the land and a white paper declaration by 3 of her 4 brothers that the land belongs to their sister. The 4th brother's son's are the ones claiming it now. Please guide what can we do.
A.Dear Client,
Your mother was gifted a piece of land by her father i.e, your grandfather and a building was constructed over the said land where you all have been living for the last 80 years. Your mother passes away leaving the property intestate. When a person is capable of gifting his property to a family member of his own, the property so given would be considered self-acquired in the hands of the donee i.e, your mother who left the same intestate and accordingly, as per Hindu law of inheritance, surviving legal heirs of the said intestate property are entitled to an equal share of the said property. No other family members can claim a share in the said property. The grandchild does not have a birthright to the self-acquired property of the grandparent. In the absence of any property documents, there are other documents that can prove your continuous possession of the property, such as property tax payment receipt, holding tax receipt, electricity bills, mutation records available with the Block Land and Land Records etc. However, in the case of ancestral property, the rights of the grandson and the rights of the father are equal. As a right of the grandson, the grandson has the right to claim a share in his grandfather's property. But the onus to prove that the property is ancestral property lies upon the claimant. A legal heir can claim the right to ancestral property within 12 years. The law on adverse possession is contained in the Indian Limitation Act. Article 65, Schedule I prescribes a limitation of 12 years for a suit for possession of immovable property or any interest therein based on title. Even, according to the law of adverse possession, if a person continues to be in possession of a property for 12 years without any interruption from the owner, they are granted the ownership rights to the property. So, when a claim arises, you need to consult with an Advocate experienced in property law for guidance and steps.
Your mother was gifted a piece of land by her father i.e, your grandfather and a building was constructed over the said land where you all have been living for the last 80 years. Your mother passes away leaving the property intestate. When a person is capable of gifting his property to a family member of his own, the property so given would be considered self-acquired in the hands of the donee i.e, your mother who left the same intestate and accordingly, as per Hindu law of inheritance, surviving legal heirs of the said intestate property are entitled to an equal share of the said property. No other family members can claim a share in the said property. The grandchild does not have a birthright to the self-acquired property of the grandparent. In the absence of any property documents, there are other documents that can prove your continuous possession of the property, such as property tax payment receipt, holding tax receipt, electricity bills, mutation records available with the Block Land and Land Records etc. However, in the case of ancestral property, the rights of the grandson and the rights of the father are equal. As a right of the grandson, the grandson has the right to claim a share in his grandfather's property. But the onus to prove that the property is ancestral property lies upon the claimant. A legal heir can claim the right to ancestral property within 12 years. The law on adverse possession is contained in the Indian Limitation Act. Article 65, Schedule I prescribes a limitation of 12 years for a suit for possession of immovable property or any interest therein based on title. Even, according to the law of adverse possession, if a person continues to be in possession of a property for 12 years without any interruption from the owner, they are granted the ownership rights to the property. So, when a claim arises, you need to consult with an Advocate experienced in property law for guidance and steps.
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A.Dear Client,
Here are some steps you might consider:
Gather Documentation: Collect any documents, records, or evidence related to the property, such as the white paper declaration by your maternal uncles and any other documents that may demonstrate your family's ownership or possession of the land and house. Even though you don't have formal property transfer papers, other documents and evidence can be important.
Consult a Property Lawyer: Engage a property lawyer who can help you assess the strength of your claim and advise you on the legal options available. They can review your documentation and provide you with a clear understanding of your rights and potential courses of action.
Explore Adverse Possession: In some jurisdictions, if you have openly and continuously occupied and maintained the land for a certain period (often referred to as adverse possession or prescriptive rights), you may have a legal claim to ownership. Your attorney can evaluate whether this doctrine applies in your case.
Mediation and Negotiation: In some cases, it may be possible to resolve the dispute through mediation or negotiation. Your attorney can help facilitate these discussions and explore potential settlement options.
File a Lawsuit: If negotiations fail, your attorney may recommend filing a lawsuit to establish your legal right to the property. This process can be complex and may involve litigation in court. Your attorney will guide you through the legal procedures.
Witness Statements: It can be helpful to gather witness statements from individuals who can attest to your family's long-term occupation and ownership of the property. Witnesses who can verify your family's history with the land and house can strengthen your case.
Document the History: Compile a comprehensive history of the property, including details of its acquisition, occupation, maintenance, and any improvements made over the years.
Remember that property disputes can be legally intricate, and the outcome may depend on various factors, including the specific laws and regulations in your jurisdiction.
Thank you.
Here are some steps you might consider:
Gather Documentation: Collect any documents, records, or evidence related to the property, such as the white paper declaration by your maternal uncles and any other documents that may demonstrate your family's ownership or possession of the land and house. Even though you don't have formal property transfer papers, other documents and evidence can be important.
Consult a Property Lawyer: Engage a property lawyer who can help you assess the strength of your claim and advise you on the legal options available. They can review your documentation and provide you with a clear understanding of your rights and potential courses of action.
Explore Adverse Possession: In some jurisdictions, if you have openly and continuously occupied and maintained the land for a certain period (often referred to as adverse possession or prescriptive rights), you may have a legal claim to ownership. Your attorney can evaluate whether this doctrine applies in your case.
Mediation and Negotiation: In some cases, it may be possible to resolve the dispute through mediation or negotiation. Your attorney can help facilitate these discussions and explore potential settlement options.
File a Lawsuit: If negotiations fail, your attorney may recommend filing a lawsuit to establish your legal right to the property. This process can be complex and may involve litigation in court. Your attorney will guide you through the legal procedures.
Witness Statements: It can be helpful to gather witness statements from individuals who can attest to your family's long-term occupation and ownership of the property. Witnesses who can verify your family's history with the land and house can strengthen your case.
Document the History: Compile a comprehensive history of the property, including details of its acquisition, occupation, maintenance, and any improvements made over the years.
Remember that property disputes can be legally intricate, and the outcome may depend on various factors, including the specific laws and regulations in your jurisdiction.
Thank you.
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