Land transfer not being honoured

Dear sir, MY mother is having 0.93 acres property at her village. My grandfather has given to her as gifted Registered deed in 2011 and stating that property will be transferred to my mother after his demise, until then he will enjoy the position and pay the taxes of that property. He also declared that he has no right to cancel this deed in future. He also stated that he has no right to sell this property. We have the registered original document with us safe. My grandfather is still alive. My mother's brother is creating a problem, and he made fencing to our property and made a borehole also, as I along with my mother live in city we are not aware of what is happening in our village. MY grandfather also insisting my mother to get register that property on his son’s name now as his son is arguing with him daily for that property. Our grandfather also not supporting us??? What shall we do now??? Can my mother take any legal action at this stage?

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Since your grandfather transferred the title of the said property to your mother via gift deed, she has complete legal right over the entire ownership of the property. The bore constructed by your uncle is illegal and your mother may approach the court for demolition of such illegal construction and may also plead a stay order or injunction order against future interference with her property.

The settlement between your mother and grandfather in terms of his possession of the property and subsequent payment of taxes is a personal agreement, distinct from the transfer deed. With the said transfer of the property in question, your mother became the legal owner of the property and even though the property is not in her immediate possession currently, her ownership cannot be challenged at any point and such illegal construction and obstruction amounts to trespass.


Answered on November 20, 2016.
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