LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prasad (Engineer)     09 August 2011

My grandfathers land dispute

Hello Sir,

My name is Prasad, my grandfather was expired in 1960s, my father was 9 year old that time. My father has an elder brother he was around 20+ and has a sister she got married too at that time. When  my grand father expired, he has property around 3 and half Acers of land, this was told by my father, some land is agricultural land and some is residential land. There is no paper with my father for any these properties . My father has moved to a city in his 9 year age and worked as a labor and grown up there and settled in the city. At some point of time, his elder brother has made many debts, my father and his brother have sold some land around 1 and half Acers land and cleared his brother debts. After clearing his brothers debts (some amount was paid by my father too for his debts) the remaining amount from my fathers share  was given to my father in cash. There should be 2 Acers left and so the two brothers can share them, that is what my father thought. Some how now his brother sold all of the land except 200 sq yards with out my fathers notice. My father got shocked and asked his brother whatever happened happened, leave this 200 sq yards to me (my father), but his brother is not agreeing and he will only give half of it because he has given one half already to his daughter. My father does not know what to do now because there is no paper with him for all these lands as these lands are pretty old from ancestors ( not sure whether his brother has any papers and hiding). My father knows the lands location. Can you help in answering these questions

1. Can we file a case against my father's brother to get back the land he sold with out my fathers notice?

2. If we don't have papers, how can we prove that the land is ours/my grandfather land?

3. If we know the land location, can we approach registration office and figure out whose name it is currently?

4. Can you suggest the steps I should take to file case?

5. If this case can be filed, what is the estimated length does it take to get resolved?

6. How much fees the lawyers take to deal this kind of case?

Appreciate for your response.



Learning

 2 Replies

asif.momin (Lawyer)     09 August 2011

Yes you can file a case,

First of all you have to obtain some necessary documents (village form no.7/12,) in support of your claim.
 You can approach Village Tehsildar for the said document. In absecne of any will by your grandfather , If this document is registered in favour of your grandfather or yor grandfather's father, you can sue your uncle (in case your uncle has transfered the said land fraudulantly in his favour you can also sue him for fraud). first of all you will have to issue notice to them...


This proceeding takes long time to complete. 

Prasad (Engineer)     10 August 2011

Thank you Sir for your quick response and the details your provided. I will first check with Tahsildar..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register