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Raj (Engineer)     22 September 2010

Land grab by relatives

Hi All

My dad who is a Indian born and brought up in Malaysia was given his ancestral property by his mother in 1967 as she receieved her share from family inheritance a bit more than 1 acre.My dad did his medical degree in Manipal med college and partition was done during his study period in india.After that he came back to Malaysi and due to health reasons he was not able to visit india since 1990.He verbally arranged his cousin to pay land tax on his behalf and all these years we were made to believe the tax is being paid under my dads name.Recently I went to visit India and found out 4 of my dads cousins are paying land tax for our property under their name.I checked with the local registry office and took copies of all the deeds and all that clearly mention the property is under my dads name.No changes have been made to it since 1967.But the local village officer refused to let me pay the tax under my dads name saying someonelse has been paying land tax on it since 1991 till 2004 and he cant let us pay on our behalf.From the enquirie I made,I got i nformation that my dads cousins used some forged signature on awhite paper and bribed the that time village assistant and got the permission to pay land tax under their name.

The property is in kerala and I am not sure how to go with this matter.

Is it true the real owner has no authority even when all the registry documents says it is under his name?

How could some criminal person allowed to cheat a innocent man on his only ancestral property left in a country by forging a signature in a white paper.The actual power of attorney need to be witnessed by a over seas mission and also adjudicated by Revenue divisional officer in India on a stamp paper.So how could this be allowed.Could anyone give some direction on this matter please.



Learning

 1 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     23 September 2010

Dear Raj,

If your Father is still alive, he can file a suit declaration of title and recovery of possession.

since there is long time possession as per municipal records, it is require to declare that the documents are forged and void. then u can recover ur title and possession of the said proeprty.


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