Hariteja Suriti
Asked November 03, 2016

Claim to father's property

  • 1 Answer
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Can I claim my father's property as his legal heir after his death QUESTION NO 1. I am Suriti Hariteja aged 24. I would like to seek your advice regarding an issue. My father Suriti Ramulu expired on 12th March 2008 (at that time I was 15 years old). During his lifetime, my father purchased some agricultural land on his name. The land details are as follows: a) Sy. No: 743/U, Extent of Two acres Thirty Two Guntas. (2 Acres - 32 Guntas). b) Sy. No: 743/E, Extent of Two Acres Twenty Seven Guntas. (2 Acres - 27 Guntas). c) Sy. No: 22, extent of One Acre Twenty Two Guntas. (1 Acre -22 Guntas). d) Sy. No: 744/A, 744/AA, 746, 746/AA, Extent of Eight Acre. (8 Acres). Now I (Suriti Hariteja) have my father's Land Passbook Xerox Copy and some Original Land Sale Deeds and Some Xerox Copies of Land Sale Deeds which were purchased by my father (Suriti Ramulu). After my father's (Suriti Ramulu) death on 12-03-2008, My mother (Suriti Sarala) transferred my father's property into her name by filing an application in MRO Office on 19-04-2008, stating that she was my father's only legal heir and obtained a Land Passbook and titled in my mother's name in which all the property of my father got transferred into my mother's name under VIRASAT, i.e (as Suriti Ramulu only legal heir). After getting my father's property transferred to my mother's (Suriti Sarala) name on 19-04-2008, she sold all the land to some members through a Registered Sale Deed. The following are the land details of the registered sale deed sold by my mother: i) Sy. No: 743/U, Extent of two acres Thirty Two Guntas. (2 Acres - 32 Guntas). Executants - Suriti Sarala, Claimant - S. Veeranna. My mother Suriti Sarala sold this land to S. Veeranna through a registered sale deed. Now S. Veeranna made illegal plots on that land without NALA permission from the Government. He took the layout plan permission from the Gram Panchayat. He just sold this land to several members by making several plots with just the permission of Local Village Sarpanch and Village Secretary i.e Gram Panchayat of Village. (He even did not pay any challan to the Government for converting the land into non agricultural land while selling the plots in the land). He sold this land to several members as several plots were made in this land in the year 2008 - 2009. But presently till date this land is in my mother's ROR. ii) Sy. No: 743/E, Extent of Two Acres Twenty Seven Guntas. (2 Acres - 27 Guntas). Executants - Suriti Sarala, Claimant - M. Laxmi. After some months, M. Laxmi sold the same land to S. Veeranna. Now S. Veeranna made illegal plots on that land without NALA permission from the Government. He took the layout plan permission from the Gram Panchayat. He just sold this land to several members by making several plots with just the permission of Local Village Sarpanch and Village Secretary i.e Gram Panchayat of the Village. (He even did not pay any challan to the Government for converting the land into non agricultural land while selling the plots in the land). He sold this land to several members as several plots were made in this land in the year 2008 - 2009. But presently till date this land is in my mother's ROR. iii) Similarly in Sy. No: 22, extent of One Acre Twenty Two Guntas. (1 Acre -22 Guntas). My mother (Suriti Sarala) made illegal plots on that land without NALA permission from the Government. She took the layout plan permission from the Gram Panchayat. She just sold this land to several members by making several plots with just the permission of local Village Sarpanch and Village Secretary i.e Gram Panchayat of the Village. (She even did not pay any challan to the Government for converting the land into non agricultural land while selling the plots in the land). She sold this land to 18 members as 18 plots were made in this land in the year 2008 - 2009. iv) Similarly in Sy. No: 744/A, 744/AA, 746, 746/AA, Extent of Eight Acres. (8 Acres). Of the total Eight Acres land, Three Acres land was sold to B. Satyamma by my mother (Suriti Sarala) . Another Three Acres land was sold to B. Padmamma by my mother, Suriti Sarala and the remaining Two Acres land was sold to S. Veeranna (This entire 8 Acres land was also my father's self owned property). This property was sold by my mother (Suriti Sarala) in the year 2008. ***** My mother (Suriti Sarala), expired on 11-12-2014. Now, I (Suriti Hariteja) and my elder sister (Suriti Sarika) are the legal heirs of my mother (Suriti Sarala). I (Suriti Hariteja) and my sister (Suriti Sarika) have partitioned the remaining property which is self owned property of my mother (Suriti Sarala) as we are her only legal heirs. Here are a few questions I would like to get the answers for: 1) After my father's (Suriti Ramulu) death, can I (Suriti Hariteja) and my sister (Suriti Sariika) also be eligible as the legal heirs of the property (owned by my father) including my mother (Suriti Sarala) / will only my mother (Suriti Sarala) be the legal heir of my father's property? 2) After my father's death, if we (Suriti Hariteja and Suriti Sarika) are eligible as legal heirs of my father's property, can we now claim our share in the above mentioned lands/properties sold by my mother (Suriti Sarala) without our consent? 3) If we are eligible to claim our (Suriti Hariteja and Suriti Sarika) share in the above mentioned sold lands/properties by my mother (Suriti Sarala), can we (Suriti Hariteja and Suriti Sarika) now send a legal notice to the purchasers of the property to claim our share in the sold lands or properties? Or is there any other option to claim our (Suriti Hariteja and Suriti Sarika) share in the sold lands or properties? 4) Does the Gram Pranchayat of the Village (Sarpanch and Secretary of the Village) have the power to grant permission to the village people for converting Agricultural land of the village into plots by giving layout permission of the plots without paying the NALA challan to the Government?

Answer 1

Ma’am,

The following are the answers to your questions:

  • Yes, you and your sister will also be eligible to get a share in your father’s property along with your mother. This is because daughters form class I heirs along with their mother and thus they will have equal shares in the property left behind by the father. (Ss. 8,9,10 The Hindu Succession Act, 1956).
  • Theoretically, there should not be any reason as to why you cannot file a suit against your mother for defrauding. But the fact that she has passed away makes it very difficult to argue practically. The only resort to have a claim to those properties, was to challenge your mother’s authority over the entire property. Since, she is dead, the burden to prove this will be much higher and it will be upon you to prove it.
  • The people who have purchased the land form your mother will have a upper hand as they have bought the property from your mother and the property was registered under her name. So, legally they have acquired the property in a clean manner. The fact that illegal constructions were made on the property is a different subject matter and they have nothing to do with the ownership of the lands. The ownership aspect is sound. The only way to challenge that is to go back and prove your mother did not have the right to sell the properties without your consents.
  • No. The NALA challan is a must and the approval of the Government is required to convert such lands.
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    Hope this helps!

    Agree Comment 0 Agrees almost 4 years ago

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