Property encroachment
skms
(Querist) 31 December 2014
This query is : Resolved
Dear Experts,
We are in a bad situation , I will explain the long story short. I request your suggestions on this matter.
The grand father X had 10 children , the issue is with heirs of a daughter A and son B ,
X gave a property 'P' to A , in a registered will , same will also gives some share of lands to all children including 'B' , (so they can't deny they didn't see it)
'A' didn't changed the title of the land to her name, but she wrote a will granting all her properties divided among three children A1,A2,A3
the B died before partition of their land also he didn't write any Will , their children partitioned the land.
on that partition deed , they also added land 'P' belong to A , and B's son B1 got that land P.
B1 changed title of the land to his name even constructed house and he is living there for around 20 years.
Now when it comes to the partition of A's children , A1 , A2 and heirs of A3 (A3 died few years ago) they realized this encroachment , A1 is abroad and A2 lives in another state. so nobody know about the encroachment till now.
Total land area is 56 cents on which 10 cents B1 sold to 3rd party , and rest 46 cent is where B1 is living .
We suggested a settlement to B1 that in the remaining 46 cents he can take 10 cents and house , as he is living there and rest 36 cents are either given back to us or purchase from us on a discounted market price around 1/3rd less than current market price.
But he seems to be not intrested in the settlement , and he argues that nobody can't take back that land he already have encumberance certificate, village records in his name, also living there for around 20 years.
Actually as detailed above , the children of B , took a land in a partition suite where B didn't have any rights!
If we move forward with a suite (if no settlement work out) is there any chance for us? what we had as supporting is Will of X and Will of A .
Does it also comes under criminal act? They are actually creating some documents either convincing the registrar/village officers or bribing them.
Do we need to proceed directly to high court? - ie a suite againist govt, for registering a document without checking parent document?
I request your help on it. waiting for the reply.
Kind Regards,
Sarath
Guest
(Expert) 31 December 2014
First Organise the Legal Heirs together .If any one is abroad a Power Agent could Be appointed.And make ready all the documents.Copies of same could be Obtained from Registrar Office.Any Transfer of Property done with out consent of All Legal Heirs would be Illegal and Null and Void.Consult a Local Good Advocate with all Evidences and Proceed Legally by issuing Legal Notice and News Paper Publishing Regarding the Same.If he is not ready for a Compromise Settlement Proceed Legally.
ajay sethi
(Expert) 01 January 2015
1) as per registered will of X property P was given to A .
2) A bequeathed property P to her 3 children
3) the children of A will have to file declaratory suit that they are owners of land P .
4) they will also have to issue legal notice to B children for eviction from land bequeathed to legal heirs of A .
5) they will also have to challenge mutation of land made in favour of B1
6) also file complaint of cheating criminal breach of trust against B1
Dr J C Vashista
(Expert) 02 January 2015
Very well advised by expert Mr. Ajay Sethi, I agree.
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
Despite proper advises by the experts above, if you still in doubt, you may consult a local advocate and get his second opinion and advise about next course of action.
skms
(Querist) 07 January 2015
Dear Experts,
First of all, I am sorry for the delayed reply. I was away from internet for the last one week as I was running after this issue. I never thought the reply was this much quick in this forum.
I am expressing my heartfelt thanks to Adv. N.J.S.Rajkumar alias Narasimha and Adv.Ajay Sethi, and also to all other experts who have participated in this discussion.
I have a few more questions.
Will all the children of A need to move in a group to challenge it, ie, A1,A2 and heirs of A3, or we (heirs of A3) can file the suite on our own.
5) they will also have to challenge mutation of land made in favour of B1
*** Is it possible? Any idea how long does it take? Whether we need to challenge it directly in highcourt or need to start from trial courts?
6) also file complaint of cheating criminal breach of trust against B1
*** Please ignore if the question is too silly, Actually there is no agreement , or any legal terms between A's heirs and B1, How can it become a 'breach of trust'. Also does it affect all heirs of B - as the documentation for the transfer is their partition suite. Does all the heirs of B come under criminal act? or only B1.
Kind Regards,
Sarath
