Property matter

May 12, 2025 376 views 2 answers
Property Law
Anonymous
May 12, 2025
Property Law
► We own 3.2 acres of agricultural land located in a village in Karnataka. This land was originally granted to my grandfather (A) under the Inam Abolition Act, 1954, as it was previously under the cultivation of tenants and managed by a zamindar. Importantly, none of those tenants ever claimed occupancy rights over the land. Subsequently, my grandfather’s brothers filed a partition suit in the trial court, asserting that the land formed part of the ancestral Hindu Undivided Family (HUF) property and sought a share in it. My grandfather (A) contested the claim, asserting sole ownership. After hearing the matter, the court recognized him as the rightful titleholder and dismissed the partition suit. Notably, the tenants were made parties in the case for evidentiary purposes, but they did not dispute A’s ownership.
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2 answers

2 Answers

May 20, 2025

The trial court rightly dismissed partition suit as the land was originally granted to your grandfather and not to the ancestors so your grandfather's brothers are not entitled to share in it as it can't be recognised as ancestral or HUF property. Even otherwise Inam 2 Lands are granted to the particular entity/person in recognition of something good done so others have no right in it leave and except that particular person. For further advice documents need to be perused and this advice can't be assumed as substantive in absence of documents and ancillary facts thereto. Thanks 🙏 

May 17, 2025
Dear Sir, Since there is a Court decree in favour of your grandfather as such his legal heirs are entitled to inherit such property if your grandfather is no more.
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