Property disputes

To recover your encroached ancestral property in Tamil Nadu, you must first establish your legal standing. Obtain a Legal Heir Certificate from the Tahsildar; the Madras High Court has held that old deaths cannot be a reason for rejection, and affidavits from relatives can be used as evidence. Using the 1956 partition deed, apply for Patta transfer (succession patta) at the Taluk office to update government records. If records are missing or boundaries disputed, file an application for survey and demarcation under the Tamil Nadu Survey and Boundaries Act, 1923; if unsatisfied, appeal under Section 11 within the time limit. Finally, for actual possession, file a civil suit for declaration of title and recovery of possession before the competent civil court, as encroachment is a trespass. Engaging a local property lawyer is strongly advised to navigate these procedures effectively.

The property stated to have been partitioned in 1956 has lost its "ancestral" status and it formed part of self-acquired property in the hands of your grandfather.

If your father and his siblings (successors of your grandfather) did not initiate any action to identity and recover encroached portion of the land falling in the share of your grandfather, how you can establish your claim ?

Consult a local prudent lawyer for proper analyses of facts and documents, professional advise and necessary proceeding.  

Respected experts.,

Thanks for the valuable guidance.  Hereby confirm the following:-

During 1956 partition made in between my grandfather as Schedule A, and his 3 sons as Schedule B,C,D and common properties under Schedule E.

Post death of my grand father the disputed property in Schedule A is not taken any initiatives by his sons.  Now of all of my grand father sons are no more.  Now me as a grand son and my cousin brother wants to establish the said property under ancestral rights.  

We have all the documents like,1956-Partition deed, My grand father,Grand mother death certificates, My father and his brother's death certificates. and legal heir certificates.

As pointed earlier - the said property not reflecting any of Govt records. But near by properties are given survey numbers.

Submitted the above for your perusal and guidance to proceed further.

Regards

Srikanth ps

The partition took place in 1956, and after the partition, the shareholders did not take any action to get their shares with their names in the revenue records.  Some decades have passed, so try your luck.

Yes, the property is longer ancestral. It already devolved upon the respective legal heirs. 

what do you mean by "the said property not reflecting any of Govt records. But near by properties are given survey numbers."

so also, who is in possession and occupation of the property? How and how long?

SAince the 1956 partition deed is registered, your legal ownership (title) remains protected under law, as revenue entries (like Patta/Chitta) only reflect land tax records and do not extinguish ownership.

Before proceeding legally, first obtain a certified copy from the local Sub-Registrar Office (SRO) if the original is missing. Apply for an EC from 1956 to the present date via the Tamil Nadu Registration Department portal (tnreginet.gov.in) to inspect any fraudulent transactions or unauthorized transfers. Gather legal heir certificates tracing from your grandfather down to his children, and subsequently to you and your cousin.

Submit an application to the concerned Tahsildar (Revenue Department) requesting a field survey and boundary demarcation based on your 1956 registered document. Apply online via e-Sevai / Tamil Nadu Land Records portal to enter your legal heirs' names into the revenue records based on your 1956 partition deed. If the Patta was fraudulently issued to third parties or encroachers, submit a petition under the Tamil Nadu Patta Pass Book Act to the Revenue Divisional Officer (RDO) or DRO to cancel the wrongful Patta and issue it in your family's name.

Issue a formal legal notice through an advocate to the current occupants/encroachers demanding clear possession within 15–30 days. File a suit in the local Civil Court (District Munsif Court or Sub-Court, depending on the current valuation of the 6,000 sq ft land). Seek a Declaration of Title based on the 1956 registered deed and Recovery of Possession against the encroachers.

Thank you very much sir for your valuable response.

Will proceed as per the direction

You are welcome for your appreciations and understanding