possession in abadi land
nitin bhatt
(Querist) 11 March 2018
This query is : Open
dear sir/madam
my father has bought 20 marla land in abadi of village from a old person of village and he constructed a house in it and we are living in it from 1990 without any objection. but we have no proof of this property like sale deed or other documents. my father have two brothers and one sister. there is another property in front of this property which is joint undivided property of my father and his brothers and sister. now one of my father's brother claim in the court that he has share in my father's house . my question is:-
can we won the court case we attach all the proof of possession like address proof, electricity bills etc. but we have no ownership proof of this property. because there is no revenue record of abaadi land in village please suggest
Dr J C Vashista
(Expert) 12 March 2018
The ownership of property located in abadi area is implied of the possessor. However, inspect and obtain certified copy of sale deed executed by seller to your father.
Since the property is in the sole name of your father the claim of your uncle shall not stand, even if he has sought the relief from the Court, however, your lawyer is better person to advise you on the basis of averments made therein the suit.
Show the document of other property to a local prudent lawyer for appreciation of facts and documents, form an opinion and advise.
