Dear Learned Friends,
My name is Ankur Srivastava. I am a resident of Lucknow, UP. My father Late Mr. JSS was posted in Motihari, Bihar as a Public Prosecutor and my mother Dr. Mrs. SS was a Surgeon there. They lived there for more than 40 years and unfortunately passed away in 2002. They owned a piece of land with 2 construction on it. One bunglow and one outhouse. It was solely owned by my mother on the property papers. The registry of land was in two pieces, one 1.5 kuttha (3840 Sq. Ft.) plot and another 1 kuttha (2560 Sq. Ft.). Both lands were adjoining and on the 1st land the bunglow was constructed and on the second an out house was constructed with a lawn in between.
After their death, since I am a single child, I left for my ancestral home in Lucknow where rest of my family lived and usually remained out of Bihar or Lucknow because of my studies and later my job.
Coming back to the story, in late 1980s, one of my cousin brother Mr. KPS (Son of the late eldest brother of my Father Mr. KSS) who was looking for a job and was quite qualified (M.Sc. in Biochemistry at that time), my Father asked him to come and join us and helped him open a Clinical Lab. Since my mother was a renowned Surgeon of the state, he went doing well. My father also allowed him to live with us as a family member.
In January 2008, sine I was living mostly away from my Bihar Propert, I sold it to one local resident. However I only sold the Bunglow (built on 3840 sq. feet) and retained the out house for my personal use.
Since 2008 there was no problem with the sale of the property but in recent days when I have started asking for the division of ancestral properties in Lucknow and Ballia (our great grandfather was a Jageerdaar of some villages in Ballia, and we own huge chunks of immovable property in Ballia, UP).
Out of greed now My cousin Mr. KPS is asking for the share of the total property inherited by me in Motihari, since he resided there for more than 30 years and he will file a litigation in the court about that.
However, he may file a petition claiming his rights under Adverse Ownership, but is it ossible to raise a dispute on a property even after 7-8 years of its sale to a third party?
If yes, what legal options do I have?
If no, what things should I take care of to avoid giving him a chance?
This is based solely on the greed of my cousins that since my Father and Mother were successful people and owned separate properties, I should not ask for the share in the ancestral properties, which is not correct in my views and in views of justice also. They alos use illegal musclepower and use threats to keep me abstain myself from claiming the share in the ancestral properties.
Kindly help me out with this problem. I hope many of you learned friends may have handled this kind of civil cases.
Thanking in anticipation.
Regards
