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Raghu (SSA)     14 June 2011

Can I claim the ownership on this plot

Hi All,

I wanted advice on the next move i need to take.
I purchased a 30x40 plot 7 years ago from a lady(say sneha) who had got the property rights through WILL executed by her daughter before the daughter died.This daughter had purchased the land in 1990 from a lady(say kavitha) who had sold after her husband had died and her son was minor at that time.This was ansesteral property.Now the son and his uncles(brothers of the kavitha's husband) are claiming that kavitha doesn't have the right to sell the property and the sale deed is invalid and the land belongs to them.They are also claiming that the father in law of kavitha was alive at the time this plot was sold and the WILL was made by this father in law in 1996 and died in 1998.They are not showing the WILL to me.Now the son and his uncles are building a compound wall around the plot and have put up a board that the plot belongs to them.
I have "A" khatha in my name and I have property tax till date.I dont have documents which converted the agricultural land into plots.But I can try to acquire this.
My questions are:
1.Is their claim valid.How to find out.Will there be any documents in sub registrar or gram panchayat office
2.IS it advisable to do off court settlement with them?
3.Can I take a stop notice from court and demolish that compound?

Please advice on the same.

Thanks in advance.

Regards



Learning

 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 June 2011

Yes. The share of the minor cannot be sold without obtaining the permission from court and no will shall play any role in such matter. It is good if you enter any compromise with that party. You can even obtain stay order from court immediately to take forcible possession of the demised property. You take fast action otherwise you shall be loser.


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