Land dispute

Querist : Anonymous (Querist) 28 January 2012 This query is : Resolved
Dear experts,

My quarry is relating to Land dispute.
X & Y two married brothers living separately,one y's Death took place 1962. In 1965 because of Pakistan Attack on India X with family & X's Widow migrate to safe place.When the came back X with their sons d Demolish the house of X's Widow, then she went to her paternal home and live till today.She ask them to cultivate her land and give me Half crop share.it was continue for several years, but as time spent the start to ignoring her share.
then in 2011 she file application to Teshildar for partition because mutation also attested in her name about 36 Kanal, but she did no succeed.
Now one of her Nephew file case before Assistant Settlement Officer for title on the basis of Adverse Possession,by saying that the owner is Gir Hazir And Gair Qubiz.

Now what remedies left for Widow.
She had daughter who also become widow after several year of marriage, now both widow living to gather.
thanks.

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Raj Kumar Makkad (Expert) 28 January 2012
The approach of Assistant Tehsildar is totally illegal and erroneous. The widow of Y should file an appeal against the impugned order.

A co[sharer of joint land can never claim for adverse possession.

Shonee Kapoor (Expert) 30 January 2012
Agreed with Ld. mr. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 30 January 2012
Mr. Makkad's suggestion be carried out.

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