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Author Topic: Property issue  (Read 824 times)

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Offline Vinaykumar

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Property issue
« on: August 30, 2014, 11:30:10 PM »
Dear All,

I am having an issue with my grandfathers property. Please find the below details and suggest a way forward.

Issue: My father lonely conducted registration to another person for around 3cents in which that person constructed house.

Case History:

My grandfather has two brothers. Total three (Let us consider as A,B and C) of them jointly organized businesses and purchased 11 acres land in our area around year 1970. Land was registered on first two (i.e; A & B). Younger one is my grand father.Later on due to some misunderstandings three brothers decided to partition their property and wrote an agreement on stamp papers between themselves in 1975
by partitioning all the land. Based on that agreement my grandfather(i.e: C) took an agricultural passbook on his name for the land (around 2acres and 72 cents) which states that the land belongs to him from the sub-registrar of our division. He hasn't done any registration of the land on his name. Using that passbook only he sold land to other people. Before his death in 1996 he sold almost 2 acres land.

After his death we (i.e: Grandmother, My father, Three aunts(My dad sisters), my brother, myself and my sister) are remained with 72 cents of land of which the adangal copy(government books) is changed on my fathers name(i.e: as he is the only son).We are not having any registered documents on our name before and after my grandfathers death. Agricultural Passbook, partition agreement(not registered),land tax paid till 2010, copies of other registrations done by my grandfather,copy of original registered doc on A & B brothers, copy of registration done to other person by my father and grandmother( my brother also signed in this) are the docs which we have currently.

Without knowing to any of us my father registered 3cents of land to one person( on 2009 which is found in encumbrance recently. He constructed house in that. He started scaring us that it belongs to him and you can do whatever you want.

Now we are facing another problem with that guy, he is stating that our other land (approx 6cents also belongs to him and occupied that)

So i request you to give a best solution how i can proceed legally and get our land back including that house constructed also.

Please provide a way forward to overcome this problem.

Thanks in advance. Awaiting your reply.

Vinay Kumar



Offline kphk

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Re: Property issue
« Reply #1 on: August 31, 2014, 01:54:47 AM »
As it is an ancestral property, your father does not have any exclusive right over the property. Even if he is acting as a manager he cannot sell the property to third party for his own interest. He can do what ever he wants with his share, rest u can get back. You need to file suit and get the transfer set aside as soon as possible. The building third party constructed will be demolished, so no worries. The documents whcih you are having are having is enough to prove your case. You can seek my help if you want to proceed legally.

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