Legal Question in Real Estate Law in India

my father and uncle purchased a residential land in 1967 and then sold to his father i.e.to my grand father in 1972. Malgujari is also paid in the name of my father and uncles' name till date.Mutation of land is also not done in the name of my grand father.My grandfather, father and uncle all died.Now my aunt sold the property on the basis of deed of 1967 without any partition, to others.The value of land sold in deed by my aunt is also very high as per market rate. There is no son and daughter of my uncle. Shradh ceromoney and mukhagni done by me. whether property be divided in two parts 1. (my mother and my brothers) and 2. aunt or remaining persons of family i.e my mother, aunt and my other brothers equally. Is sale deed of my aunt is correct? How can we purchase the land which is our residence? Partition suit is filed in the court at Bhagalpur (Bihar).


Asked on 1/19/11, 7:49 pm

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

Ownership is decided on the basis of registered sale deed and not on the basis of entry in revenue records or payment of taxes.

If your grandfather became owner by a registered sale deed, then upon death of your grandfather this property would devolve upon his heirs. Such heirs would be as per Will, if he had made a Will or as per law of succession governing him, if he had not made any Will.

Read more
Answered on 6/01/11, 10:05 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India