property matter

msrao (Querist) 23 November 2010 This query is : Resolved
Sir,
My father owned 8 cents of land and that the piece of land occupied by his brother and his children for several years.Consequently my father and his brother died about 50 years back.Now the piece of land sold by my fathers brothers son and all these years we were away from our village.Last year my mother was died.Now shall I file a writ petition against the buyer as well as seller of the land.
Please do clarify.
Thanking you
MSRAO
Vijayawada

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Devajyoti Barman (Expert) 23 November 2010
No Writ lies for that. You have to file a suit for declaration to nulliify those transfers and suit for partition as well to claim your due share in that property.

s.subramanian (Expert) 23 November 2010
yes. I agree.

Tarun Thakur (Expert) 24 November 2010
Dont waste time now in litigation... their possession has now been converted into adverse possession...

Why you slept for a long time...

M V Gupta (Expert) 25 November 2010
I agree with Mr. Tarun Thakur. If there is no evidence to the effect that your cousins have been occupying the land as tenants or licensees, the chances of ur succeeding in a suit would be very dim.

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