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Author Topic: Enquiry on Land Ownership after Purchase of land.  (Read 959 times)

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Offline alaga1130

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Enquiry on Land Ownership after Purchase of land.
« on: August 14, 2015, 09:44:46 PM »
I had purchased a land from my uncle about eight years ago.The land was actually registered under my aunt's  name.She had passed away before we had bought the land.They also had a son.But my uncle sold the property to us without informing his son and we had also purchased . Now my uncle's son is asking for ownership of the land since it was his mothers' . How can we go about with such a case.

Offline advkkreddy

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Re: Enquiry on Land Ownership after Purchase of land.
« Reply #1 on: August 14, 2015, 10:52:38 PM »
Is the property transferred to your name at the time of purchase?
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Offline Advocate M.Bhadra

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Re: Enquiry on Land Ownership after Purchase of land.
« Reply #2 on: August 15, 2015, 12:06:42 AM »
Your uncle's son have legitimate right of 1/3 share of property, settle the matter amicably to left 1/3 rd part of the property to your uncle's son. otherwise he can claim by filing a suit of Declaration and Ownership.


M.Bhadra,advocate at Kolkata,9836589246
« Last Edit: August 15, 2015, 12:11:56 AM by Advocate M.Bhadra »

Offline Advocate M.Bhadra

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Re: Enquiry on Land Ownership after Purchase of land.
« Reply #3 on: August 15, 2015, 12:16:07 AM »
Your uncle's son have legitimate right of 1/2 share of property, settle the matter amicably to left 1/2  part of the property to your uncle's son. otherwise he can claim by filing a suit of Declaration and Ownership.


M.Bhadra,advocate at Kolkata,9836589246

Offline adv.amarnath

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Re: Enquiry on Land Ownership after Purchase of land.
« Reply #4 on: August 16, 2015, 04:00:33 PM »
Uncle's son has half right over the property which you have purchased from your uncle as per the Hindu Succession Act. But you have not mentioned here that when you had purchased the said property from your uncle, what was the age of your brother (uncle's son). If he was a minor then some else scenario will come and if he was major then some else scenario will come. And these will help if that boy files a case against you.

For better, you can buy his share with minimum value or make a Deed of Gift from him, if he wishes. Otherwise,  still that boy is the half undivided share owner of that property and he may file a partition suit and injunction or declaration and injunction suit against you. As soon as possible lodge a caveat case against your brother so that he cannot get an ad-interim injunction order in respect of your said purchased property.
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