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Raj (Engineer)     27 December 2010

Court Fee

My father who was migrated to Over seas more than 50 years ago,has his mothers share of ancestral property in India.The partition was registered in 1967 and my dad got half of the property as he is the only child of his mother.My father never went  back to india after 1990 due to health reasons(He is unable to travel due to problems on spine)

My fathers aunts children (Mothers sisters children)who got the other part of the land as per partition agreement has been paying the land tax  for my dads property also from 1992 till 2003 without our knowledge(using some forged documentation) We recently found out about this fraud  and planning to take this matter to court.Do we have to pay court fee inorder to take this matter to court?

What actually happend was when we aproached the local village office to pay the land tax,village officer refused to accept the tax saying 4 people has been payin tax on their name on the same property from 1992 till 2003.Even though we had all the certified copies of the land for past 80 years from sub registrar office and it clearly shows the land is in my dads name.What will be the best way to claim our land.Please help me with this with your valuable advice.

Are these people able to claim adverse possession as this tax was payed without our knowledge and the original property was shared by the same cousins of my father after partition of the land.



Learning

 1 Replies

suresh (Advocate)     28 December 2010

Dear Mr.Raj,

You have file a declation suit as against your aunts children, stating that you are the owner of the property through such and such documents.


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