Legal Question in Family Law in India
Transfer of ownership of property
I am a native of kerala. We are four brothers. My father died in the year 1997 without leaving a will. My mother is alive. There is 5 Acres of agricultaral land in his name and 5 Acres of agricultural land he purchased in someones name (no such person exists)because it was not permissible to purchase more than 5 acre land in one persons name at that time (according to him). All these properties were purchased before 1976. There is no disputes with this property and the neighbours knows it as my fathers property only. Tax is always paid to the authorities and still paying. Now, we brothers wants to share the property. How can we share the particular 5 acre property which is not atleast on paper in my father,s name? Is there any legal problem exists? if yes how to rectify it? Kindly advise.
3 Answers from Attorneys
Re: Transfer of ownership of property
Show that your father had alias - and he had one proeprty in one name and another in another name.
Re: Transfer of ownership of property
Your information regarding the piece of land, not in your father�s name is not sufficient as to the place it is situated, and the prevalent statute governing the land, as every individual state has a particular stipulated holding-area i.e. the area of land legally to be owned by any individual. Any land held by a person, to the excess of the stipulated area is usually vested in the concerned state. So, for you to know the area that a person may hold according to the respective State law, is of prime importance, then only would we be able to solve the existing ambiguity with reasonableness.
Moreover, the Benami Transactions (Prohibition) Act, 1988 clearly puts it that agricultural lands are not applicable under it. Case: Bibhuti Bhusan vs. State of West Bengal, 1994(1) Cal. LJ 353.
Re: Transfer of ownership of property
There is a PERFECTLY LEGAL SOLUTION ( WITHOUT VIOLATING ANY LAW OR DOING ANYTHING ILLEGAL) FOR TRANSFER OF THE PROPERTY IN ALL THE BROTHERS AND MOTHERS NAME. CONSULTATION ON A FEE BASIS IS AVAILABLE FOR THIS QUERY.
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