Legal Question in Wills and Trusts in India

Acquisition of Agriculture land by Friends Uncle

Hi,

One of my friends father (Friend� name is suresh, he was small that time) was in army, where he got the land from defence. He had given rights to his father to work on this land. Later he had given a written letter to get this land back on his name. By the time this process could take place, my friends father died.

Then my Friends grandfather gave half of this land received from defence to his other son.

After growing up, my friend Suresh filed a complaint and the court issued a letter that the land should be given back to Suresh. But his uncle is not vacating this land.

Instead he has file a complain in high court.

Suresh would like to know whether his uncle is depenedent for this land?

His uncle is saying that Suresh�s grand father and grand mother are nominee of this land, and since his uncle is dependent, he will also get share in this land.

He would like to know the section under which this case will fall.

Thanks for your cooperation and help in advance.


Asked on 1/25/08, 1:01 am

1 Answer from Attorneys

Re: Acquisition of Agriculture land by Friends Uncle

Nominee is only to receive the property but he is bound to distribute or to give the same to legal heir of the deceased it means that being nominee does not mean that he becomes owner of the property merely by being nominee.So your friend is entitled to have the property of his father along with her grand mother only who is also entitled to have share in the property of her son if she would have dependent upon him.

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Answered on 1/25/08, 11:20 am


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