Legal Question in Real Estate Law in India

My grandfather was a farmer and had 12 acres of ancestral land. He died in June 1997.

During the land consolidation happened in 1981 out of this 12 acres 6 acres were transferred

to my Uncles name and 4 acres on my father's name and remaining 2 acres was kept on my grand father's name.

When this happened in 1981 my father objected to this but that time my uncle and my grand father told my father that

it is not partition but as there is threat that the land may be acquired by government for the purpose of dam we are splitting it

on different names so as to not have more than 8 acres on any single name and we can partition later.

My father used to cultivate this land and is continuing it till now and paid any fees requiured to give to government has been given by my father.

But now my uncle is claiming that the partition is happened and whatever my grand father did in 1981 is final and now he is asking to leave the

possesion of our fields. There was no legel partition happened when this was done and happened while land consolidation.

Is there any way we can challenge this as till now my uncle was assuring my father for all of the 30 years, that we will do a legal partition and now he is not ready.


Asked on 2/14/14, 2:23 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.02.2014

Dear Sir / Madam,

If the land consolidation that took place in 1981 has been stamped and registered, only the title owner of the 2 acres if still lying in the name of your deceased grandfather remains to be decided upon. Your father already has 4 acres of land in his name, for which I do not see any way wherein your uncle can succeed in asking your father to vacate from the land.

Regards,

Read more
Answered on 2/14/14, 4:00 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India