Hello All,
I have a few questions regarding a land dispute in my mother's ancestral family, which I am hoping you will guide me to the correct steps that I can take to correct.
Following s the scenario:
My Mother's father passed away without a will, three years back. He only had one will executed in favor of my mother regarding a building that he owned. This will was in my mother's possession, hence she was able to get it converted to her name.
The issue is regarding a plot of land which my Grandfather had purchased. He has a farm house on this land and several betel palm trees. The land documents of this land is not with my mother and is in the possession of her brother. So, she is not sure about the survey number. Since she has not been in India for many years, she is also not very sure of the extent of all my grandfather's properties. However, she has been paying the tax of the land with the farm house. Currently my mother's brother is taking care of this land and he is not ready to part with it with my mother. Keeping this in mind, I have the following questions:
- What are the steps to be followed to know the full extent of my grandfather's land? My mother's brother may not co-operate in giving this details and he has all the documents.
- How do we obtain the land records? Will the tax reciept help in any way?
- What documents are required to be provided to a lawyer for a court decision on partition?
- Can my mother's brother sell the land without my mother knowing it? If yes, can we recover the land after sale?
- What is the procedure for a court case in case of property division?
- Can my mother's brother deny the partition in any way?
I am really hopeful someone can help me on this. My mother has no one to support her in these matters and I am not very well- versed in these matters.
Thanks in advance.
