Is voltage an intensive property?

How to solve this complicated property dispute concerning adverse possession anddivision of ancestral property?

• N’s great grandfather had 3 issues. An elder son – A, a daughter – B and the younger son– C. A had no issues. B had one daughter. C had 7 issues. When the Ceiling Act came into picture, on the request of B, there was a division of the ancestral property of 198 acres, in the year 1972, through the order of the court in the following manner :- 37 acres – A 45 acres – B 56 acres – C 30 acres – D ( C’s eldest son, a major then) 30 acres – E ( C’s second son, a minor then) These were the only 2 children present at the time of such division other than a daughter who was not given any share at that time. The rest of the issues were born later. Q. Can such division of ancestral property be declared valid? Can it be challenged now in the year 2010? C, in his lifetime, transferred 30 acres of land in the name of his youngest son, F. Q. Is such transfer valid if this 56 acres of land is considered as the ancestral property? Or after the division this property became C’s self-acquired property and C has the rightful authority to transfer it in any of his sons or daughters name or to his wife? C died without writing a will in the year 1997. From the year 1998, the khasra had G’s name mentioned on it for the remaining 26 acres of land Q. What documents can justify G’s name on the khasra of the said land? Or this 26 acres of land will come under the ancestral property? And if such land is considered to be the ancestral property, can the land that was transferred in the name of F when C was alive, be also considered to be the ancestral property? C, in his lifetime, also purchased a land of 1.8 acres in the name of E , a minor then. Q. Does this transaction be termed as Benami transaction and E becomes an ostensible owner? In the year 1976, when E was still a minor, D, his elder brother, with the prior permission and free consent of C and E, commenced the business of petrol pump on the same 1.8 acre land. Since then D has been successfully running the pump on this land without being objected to it by E. Even when E attained majority, he did not raise objections in the working of D. A period of more than 30 years passed without there being any interference or objection in the working of D by E. D has developed this property with his own income and also constructed a house. Q. Isn’t E barred by the limitation act to claim any right in this said 1.8 acre property which is now being enjoyed by D for more than 30 years now? Q. What other defenses can be taken by D to safeguard his interests? By the year 2008, all the children of G were married and settled and have been staying in separately from each other. G, has been staying all alone in that remaining 26 acres of land as left after the death of her husband C . in the year 2008, she sold the entire land for consideration via a registered deed to her eldest son D and D’s son M. Q. Is such a transaction valid? Or this property is to be considered as ancestral property and all the daughters and sons would be entitled to make claim in this property? Can there be a ground stating that G sold this property to maintain herself as no child was willing to support her financially? What other defense can be taken by G to justify this sale.

• Answer:

  I question the wisdom of posting law school problems on this site, but if you're going to, you should probably post it on the Yahoo!India site -- see the little flags at the bottom of the page.