Land Dispute
Ashok
(Querist) 11 June 2011
This query is : Resolved
Sir
My Grand Father was 6 brothers , before 1950 all get Separated ,At the time of Partition in his Family the Elder brother has Parted all Land Equally but the Lands Paper has not been transferred in my grand father's Name at the time of Partition ,The Owner in the Paper is still my Grandfather,s big brother,
Now my Cousin is Claiming that the Particular Land was him. before this Claim ,no Claim has arises from my Cousin's family.
Now Plz. Suggest what should I do to get the Paper transferred on my name or in my Father's Name.
R.R. KRISHNAA
(Expert) 11 June 2011
If the partition already occured was a written one then according to the document you can make your claim with the existing legal heirs including your cousin.
Somnath mukherjee
(Expert) 11 June 2011
if the partition is written form and it is registered then it is valid and yopu can claim the right
PALNITKAR V.V.
(Expert) 11 June 2011
It all depends on what is the evidence of partition.
prabhakar singh
(Expert) 11 June 2011
WHAT I UNDERSTAND FROM YOUR STATEMENT IS THAT FACTUAL PARTITION TOOK PLACE ON SPOT BUT LAND PAPERS REMAINED JOINT AS EARLIER BUT NO DISPUTE EVER EMERGED AMONG PARTIES TO PARTITION EXCEPT THIS TIME when one of the party is claiming over your share as his share.
IF THIS IS THE CASE AND OTHER SHARERS ARE SUPPORTING YOU THEN BETTER FILE A SUIT OF INJUNCTION PRAYING RELIEF AGAINST PARTY INTERFERING in your right,and also join other sharers as proforma defendant.
M V Gupta
(Expert) 12 June 2011
I presume that after the oral partition of the properties, all the parties concerned must have been in possession of their respective shares and paying property taxes and enjoing the properties. You must be having the tax receipts and proof of payment of taxes by you. The possession of your share for the last over fifty years is a good title and you hsould be able to establish the same in case your cousin tries to enter into any litigation with you. you may also try to get your name mutated in the land records and for this purpose you may get the support of your other cousins by filing suitable affidavits before the Talati. Take action in this direction immediately.
