Land Dispute
Anand Kumar
(Querist) 03 October 2010
This query is : Resolved
Dear Sir/Madam,
Basically i am from Bihar and by profession i am Senior Software Engineer. My Father was Central government employee and now he is retired. We have ancestral property in Saharsa, Bihar. After division my father got the land from his cousins and from last 30 years we have house on that land and we stay there also. All villagers and all our family members and relations know that land is ours. Since that was our ancestral property my father didn't do registry for that land.
Recently 5-6 months back one of my father cousin brother (my father used to trust him) illegally did registry on his name and one month back only my father got to know that he did like that. Now my father is trying to get all the papers.
Please suggest me what should we do in this matter and how we should proceed? That property is still belong to us only but may be in future my father cousin brother can claim and because we always don't stay there we want to clear this dispute. Please suggest me what should we do in this?
s.subramanian
(Expert) 03 October 2010
File a civil suit before the civil court in your place for getting your title over this property declared and for permanent injunction restraining the cousins from interfering in your father's possession and enjoyment in this property.
Anand Kumar
(Querist) 03 October 2010
Thank you Sir for your prompt reply. Can you please let me know how much time it will take if we file a civil suit? As per your view how much complicated is this case? And can you suggest me any good lawyer in the region Saharsa, Bihar if you know any good lawyer in that region.
Y V Vishweshwar Rao
(Expert) 03 October 2010
I agree with the Mr Subramanin ,
File the suit along with the Documents showing your father Rights & possession over the property. The Time for disposal of the case in the Trial Court may take 2- 3years - it depends on the local Court and the other pending cases in the Court. In AP in 2-3 years , the Trail Court can disposal the suits.
Kirti Kar Tripathi
(Expert) 03 October 2010
Since, it is an ancestral property, in case it is not got registered in your father's name being member of family and one of the legal heir, he has a right. Until ancestral property is partitioned every member of family has a right. no member can sale the property without the consent of other member. thus the sale made by your uncle alone is illegal, you can file a civil suit for cancellation of sale deed
R.Ranganathan
(Expert) 03 October 2010
You say the land was partitioned long back and your father is enjoying it for the last 30 years. So file a suit for declaration of title, Injunction against all others and for changing of your father's name in the registry in place of his cousin which has been done illegally.
Chanchal Nag Chowdhury
(Expert) 03 October 2010
What sort of registry did your cousin do & from whom? In whose name were the lands standing & who was paying the land tax over the years? These are some of the pertinent questions on whose answers remedy can be suggested.
If U can prove possession & at least one doc. like tax receipt, ROR etc in your name, U may go in for title by adverse possession if U can prove nothing else.
Anand Kumar
(Querist) 03 October 2010
Thank you sir for your reply.
Actually land was on the name of my father cousin brother.My grand father and and his brother (my grand father brother) took land from him half half and paid the amount for that but didn't do registry.
So piece of land which my grand father bought my father became sole owner of that land and he constructed house over there and we are staying there almost last 25-30 years.
Recently my grand father brother did registry of whole land on his name but they are not claiming that land belong to him. But may be in future after my father they will claim like that because we don't always stay in our village.
Yes my father has some documents regarding that land.
Please let me know how complicated this case will be? We are approaching to lawyer now.
