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Adverse possession

(Querist) 27 September 2016 This query is : Resolved 
Unregistered family settlement, 1994 after my father death, my two uncle's and myself and my brother entered panchayat parikath in front of elders witness, according to that revenue records like Mutation and RTC changed to our name two Acres land , now land converted to residential and Town planning approved layout, Municipal council issued khata and few sites already sold few sites gifted to our six sisters, now one of my uncle son claiming sites from our portion, it's valid please advise, Rtn.C.D.Devaraj
Kumar Doab (Expert) 27 September 2016
Unregistered family settlement; might be MOU.


It is not registered.


Kumar Doab (Expert) 27 September 2016
Why the title of your query is 'Adverse Possession'!
cddevaraj (Querist) 27 September 2016
Sir, My cousins have any right to claim property, the land converted and we sold sites, on the ground of revenue land, Rtn.C.D.Devaraj
Raj Kumar Makkad (Expert) 27 September 2016
As the partition proceedings have got finalized years ago and the revenue record has also changed accordingly and some of the persons have also sold their specific properties came in the their share by way of partition, there is no scope of success of the petition filed by your cousin qua the said property.
Raj Kumar Makkad (Expert) 27 September 2016
As the partition proceedings have got finalized years ago and the revenue record has also changed accordingly and some of the persons have also sold their specific properties came in the their share by way of partition, there is no scope of success of the petition filed by your cousin qua the said property.
cddevaraj (Querist) 28 September 2016
Sir, My cousins grand father purchase this land from my father and my uncle's in 1939, and allow my father and brothers to enjoy the property, my cousin grand father died in 1967,
1994 my cousin father (my uncle) give back the property to me and my brother after my father death, revenue records are charged accordingly, same property land converted with my cousin property jointly and he sold his portion and demanding our property on the ground of sale deed 1939 , please give suggestions
C.D.DEVARAJ
cddevaraj (Querist) 28 September 2016
Respected Experts please give your valuable suggestions
C.D.DEVARAJ
cddevaraj (Querist) 28 September 2016
Respected Experts please give your valuable suggestions
C.D.DEVARAJ
Raj Kumar Makkad (Expert) 28 September 2016
Who had obstructed you to post the entire relevant facts in your initial post?

Why do you expert expects from experts to know the facts of your problem without our disclosure?

After reading your subsequent post, I suggest you to show your documents to local lawyer dealing in civil side and obtain his opinion. You may even cross-check his opinion by getting second opinion.
Kumar Doab (Expert) 28 September 2016
Unregistered family settlement; might be MOU.




You may show all docs and inputs on record to a very able counsel specializing in revenue/property/civil matters for a considered opinion.
Rajendra K Goyal (Expert) 28 September 2016
Unregistered family settlement may not be held applicable in court. However, in your case, a lot of time has passed, mutation entered on the basis of said settlement, having un-interrupted possession, sold some portion, the claim of your cousin may not succeed in the court in the given circumstance,
Raj Kumar Makkad (Expert) 28 September 2016
Change in revenue record is a major evidence wherein the property was wilfully gifted by your uncle in your favour and once gift accepted, the same cannot be reverted back.
Rajendra K Goyal (Expert) 29 September 2016
It is better show all documents to local lawyer and have detailed opinion.

In the give facts your cousin has negligible chances to succeed in his claim.
Raj Kumar Makkad (Expert) 29 September 2016
As we provide only working knowledge on the subject so better to get the definite advice of local lawyer after showing him the complete relevant documents.
Rajendra K Goyal (Expert) 29 September 2016
May discuss with some senior lawyer in the field for guidance, clarify your doubts, if not satisfied.
Guest (Expert) 29 September 2016
Vague query!

On what ground your one of uncle son has claimed sites from your portion?
Kumar Doab (Expert) 29 September 2016
Are the said gifts also not registered!



You may show all docs and inputs on record to a very able counsel specializing in revenue/property/civil matters for a considered opinion.


If you already have;then what is the opinion of your counsel?
cddevaraj (Querist) 02 October 2016
Thank you Sir, he is in mind this property belongs to his grandfather, he purchased in 1939, his father given this property according to our fathere enjoying the position of land we applied land conversion jointly and now black mailing, all this property purchased by our grand grandfather (my father grandfather) he distribute certain land his two sons, elder son is my grandfather, please make your comments and suggestions
Rajendra K Goyal (Expert) 02 October 2016
You are repeating, advised already.
Guest (Expert) 02 October 2016
Not satisfactory explanation of the case.

Where comes the question of adverse possession? Can you clarify, on what ground you consider the case to pertains to adverse possession?

Better get the property related documents examined by some property laws expert to get purposeful guidance for action to do.
Kumar Doab (Expert) 09 October 2016
Is it the same query that is rephrased and posted at:



http://www.lawyersclubindia.com/experts/Grandfather-purchased-property--619521.asp





Kumar Doab (Expert) 09 October 2016
How many issues you have;


It shall be certainly better to get all docs examined once for all and come back with proper facts.





asked a query in Experts Grandfather purchased property
replied to a query in Experts Claims of original deed
replied to a query in Experts Claims of original deed
asked a query in Experts Claims of original deed
replied to a query in Experts Family land dispute
replied to a query in Experts Adverse possession
replied to a query in Experts Adverse possession
replied to a query in Experts Adverse possession
asked a query in Experts Adverse possession
replied to a query in Experts Family land dispute




Rajendra K Goyal (Expert) 09 October 2016
Author, please reply the question of expert kumar Doab.

What are the actual facts and problem?
Guest (Expert) 09 October 2016
Total silence of the author for the last several days clearly indicates his story to be a hypothetical academic query.
Kumar Doab (Expert) 16 October 2016
Thus the thread may be deemed as closed.
Rajendra K Goyal (Expert) 16 October 2016
Agree with expert Kumar Doab.
Guest (Expert) 16 October 2016
He may reopen any time at his convenience with reply to the queries made to him.
Rajendra K Goyal (Expert) 17 October 2016
You have raised many queries, putting the same in different manner/ words / heading in respect of referred disputed land, Nothing concrete can be advised without referring all related documents. It is advised to consult local lawyer show him all documents and discuss in detail provided it is not a academic problem.

Unregistered partition settlement

http://www.lawyersclubindia.com/experts/Unregistered-partition-settlement--620236.asp

Grandfather purchased property

http://www.lawyersclubindia.com/experts/Grandfather-purchased-property--619521.asp

Claims of original deed

http://www.lawyersclubindia.com/experts/Claims-of-original-deed--619301.asp

Adverse possession

http://www.lawyersclubindia.com/experts/Adverse-possession--618081.asp

Family land dispute

http://www.lawyersclubindia.com/experts/Family-land-dispute--618001.asp

Benami transactions between husband and wife

http://www.lawyersclubindia.com/experts/Benami-transactions-between-husband-and-wife-525201.asp



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