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Dheeraj   25 July 2016

Construction on undivided paternal land

My father and my uncle is the owner of the inherited land property in Ajmer Rajasthan. It is a agriculture land. My uncle started construction on a part of land saying he is using his side of land (construction is without converting the land use i.e. it agriculture land) Now he is using the constructed building as a school. Meanwhile my father and uncle submit a written document in local tehsil that we divided our property mutually, dividation process is still in process because Tehsildar said that there is already construction over the land therefore it can't be divided now. Soon after my uncle required urgent money due to financial crisis he pleaded my father to sign a sale deed of small part of land in deed it is mentiond that my uncle is selling a part of land from his side of land. My father in helping to his brother signed that deed. My father later made a boundry wall to our area, but after some time my uncle demolished the part of boundary wall saying we can't make partioning boundary wall because the property is not divided yet. Dividation process is still in pending stage as Tehsildar asking how can you sell a part of land without dividing it. Please suggest the way ahead, how to secure our part of land.



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 3 Replies

Kumar Doab (FIN)     25 July 2016

You should have approached a very able counsel specializing in revenue/property/civil matters at the first stage.

 

Registered family agreement could have been an option.

Approach a very able counsel specializing in revenue/property/civil matters now with copies of all docs on record. 

Dheeraj   25 July 2016

Thanks for your response, I am talking to some relevent person on it.  Some of them suggested to file a suit and take a partition decree from court, but it will be a very long process so I'm confused.

 

Kumar Doab (FIN)     25 July 2016

Your uncle seems to be dominating.

You have filed a matter with tehsildar as well.

Involve say elders of the family and resolve by Registered family agreement, if possible. Therafter there shall be no litigation.

 

Or consider the opinion of  the counsel that has examined both:::: all docs on record and your inputs.

 


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