Legal Question in Real Estate Law in India

Hi ,

I need some advice on the land property issue.

Issue : My Grandfather's grandfather(Ram) had 3 childs .

1) Narayan(My Grandfather's father)

2) Mohan -- He had no child

3) Sohan -- He had only one daughter called Reena.

So, Narayan had one Son(My Grandfather Deep).After that my Grandfather(Deep) has one son called Ravi(father) and one daughter.

Now my father has 2 sons (one is me ).

So , chain is like :

Ram----->Narayan ---> Deep(my grandfather)------>Ravi(My father)---> Mani(My self).

So, Reena had got married and moved away but she didnt take her land property.

As Mohan had no child then whole land property transferred to Narayan(My grandfather's father).

From my grandfather's father the property was moved to my grandfather and then my father .My grand father and father also paid the all land taxes and all the land taxes was coming on the name of my grandfather and later on my father.

Now as the land price gone up.. Reena's grandson and his grandson's son came up now who all have been dissappeared from many years (they didnt pay any land taxes till now) and claiming half of the land property .

Please suggest , is it possible as my grand father is paying all the land taxes and duties till now .Even land is on my grandfather's name .

What should we do now?


Asked on 6/29/11, 8:36 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

You need to get all the documents, particularly documents by which successions were recorded for a proper and better advice. Knowledge of successions in the manner stated by you to Reena or he heirs would be relevant.

Further, as per Hindu Succession Act, manner of successions were different at different periods. You need to take dates of death of chain to work out the share of Reena or her heirs.

Please note that equal share to daughter came in Central Act in 2005 and it was brought by State Amendments by some stated in 1994-95. Therefore, you need to calculate as per the date of deaths.

Please also note that payment of taxes do not confer any ownership.

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Answered on 7/02/11, 3:26 am


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