Anand Kumar (Manager) 03 October 2010

Land dispute

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?

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 03 October 2010

Is there any doucment regarding the parition and due to the partition your father got his share? If your father has got the document of partition then file a suit for declaration and injunction, otherwise also you can file the same case on the ground that there was partition since the partition your father is in the possession of the properties which he got and that partition is acted upon. To prove the partition you can lead the evidence of the elderly person of the village

Anand Kumar (Manager) 03 October 2010

Yes sir there is some documents regarding that.

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.

shyam pareek (advocate) 04 October 2010

u should file suit of declaration and injuctionof above said property.beacuse your father possesion property this is not necessary partion suit file before declaration and injuction suit.u can say this oral partion of property.