Land dispute

This query is : Resolved 
 

(Querist)
17 April 2008

Hi

We own a resident land which was given to us by my fathers elder brother. Still now we have not register the land in our name and the land is in the name of my fathers elder brother, but the original document of the land was given to us when we took the land in our position. Now when we ask him to sign the document and register the land in our name he refesues to sign. This land was given to us before 10 years. now the land value is high.
Still now we have not paid any land tax. Can i pay the land tax now in my fathers name.
How long should be land tax paid to own a land.
what shall we do to get his sign and write the document in our name.

Thanks
Muthukumar


SHIV KUMAR GUPTA (Expert)
17 April 2008

YOUR MESSAGE IS NOT COMPLETE AT ALL. FIRST OF ALL NAME THE STATE IN WHICH PROPERTY IS LOCATED AND WHAT ABOUT OTHER BLODD RELATED OTHER FAMILY MEMBERS HAVING INETRETS IN SAME PROPERTY. WHAT ABOUT ACTUAL PSSESSION OF PROPERTY SO FAR.
SO CLEAR THESE POINTS AND DISCUSS THE MATER WITH ME OVER THE PHONE.
SHIV KUMAR GUPTA
M.P.A., L.L.B , M.H.R.M
154-F, GHANDHI DHAM
NEAR BUS STAND
JAGADHRI-135003
E-mail: skgupta_b@sify.com
shivkamaljag@hotmail.com
Phone Resi:01732-314095
MOBILE: 09355314095 [Haryana]
09810467564 [DEHLI]

SHIV KUMAR GUPTA
M.P.A., L.L.B , M.H.R.M
FLAT NO 11, VINDHYACHAL APARTMENTS,
NEAR INDER ENCLAVE, PASCHIM VIHAR
NEW DELHI-110087
E-mail: skgupta_b@sify.com
shivkamaljag@hotmail.com
MOBILE: 09355314095 [Haryana ]
09810467564 [DEHLI]

Kiran Kumar (Expert)
27 April 2008

m in agreement with what Shiv said but i must add something to it......probably u remained complacent as far as ur rights in the property are concerned.

possession may be with you but from ur query it seems that there is no entry in ur name as far as revenue record is concerned.

u tell us how u ll be able to prove that the property was given to u any oral or documentary evidence in ur favour.

mere payment of revenue will not make u an owner of the property, though u may become tenant.

Kiran Kumar
advocate
P&H High Court, Chandigarh
09814303538

Muthukumar (Querist)
28 April 2008

Dear Mr. SHIV KUMAR GUPTA

Thanks for your valuable reply.

To explain you clearly

1. The PROPERTY is located at Theni Dt. of Tamilnadu state.
2. There are five brothers including my father.
3. One brother expired with out no family (no wife or child)

The property is about 3 acres divided between 4 persons.

This lands are divided and owned by each of them, but not used still now for any purpose (it is open ground).

Note; the elder brother lost all his wealth and so he dont want to share this land.

When all brothers were in join family, this property was brought and it was registered in the name of the elder brother. But this property was not included when all the property was shared and written in their own names. Later it was found that this property was not included and there was problem and finally it was shared between four brothers oraly under the guide of local panchayat. This happened before 10 to 15 yrs.

But now the elder brother is not willing to sign the registration document to the shared persons and he say the property is in the name of him.

There is no any evidence in write for this.

Only the local panchayat is evidence.

The elder brother is not accepting the local panchayat words.

Thanks

Muthukumar


Muthukumar (Querist)
28 April 2008

What can be done legally to get the land registered in each of thier names.

Muthu

Srinivas.B.S.S.T (Expert)
14 June 2008

Even courts will not accept the words of local panchayat. To claim adverse possession the time frame is 12 years for a private land and 30 years for a Govt Land

Srinivas.B.S.S.T (Expert)
24 June 2008

If you have an agreement to sell in your favor go for specific performance suit.



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