Title on 0.1 acre land which laid with my property
siri
(Querist) 11 November 2011
This query is : Resolved
According to Registered WILL of my grand father we got 2.1 acre of land by putting my father as guardian for his entire life.But during live of my grand father,1 acre is sold to others by my uncle who made forgery GPA & had sold.After my grand father death we came to know that GPA & my father who is guardian of 2.1 acre filed suit but unfortunately we lost that case in lower & High court also.Now we have no hopes also.Recently my father died on year 2006.NOW for my 1.1 acre of land in the east side (not in our 1.1acre) houses built & boundry walls also raised.In West side of my 1.1 acre also(i.e sold property of 1 acre by my uncle),boundary pillars raised,north is road & south also there is fencing.In these 4 boundaries when we measure our land we came to know that it is 1.2 acre remained.By carefully enquiring that we came to know that there is no changes in We,No,South boundary but in east side the original owner sold as plots to individuals in which his parent document showed thatmuch area extent only & that 0.1 acre land is not belong to nobody & it is laid of our property.
In year 2007 me & my brother jointly made oral partition of 0.6 & 0.6 acre later followed by memorendum in writing.Now we both decided to suit each other for declarng as owner for our shared property of 0.6 & 0.6 acre.My doubt is
1)Whether We both of us can file 2 different suits on each other for permanent injuction & Title declaration of shared property according to plea of oral partition by placing registered WILl,death certificate of my father & Memorendum of partition.Is 2 different suits shold file by each other
2)If above is the case whether court will suomoto ask that In WILL DEED, it is 2.1 acre but why U BOTH oral partition only 1.2 acre with out question raised by both parties,If so what is the answer we have to tell to court OR Court will look into matter of only 1.2 acre witout raising suomoto doubts
3)Whether 2 suits can withstand in court if in 1st suit ME be plantiff & my brother is respondent for same case but my shared property AND in 2nd suit my brother is Plantiff & Me be respondent for same case but my shared property.In both cases we prayed INJUCTION SUIT FROM OTHER & TITLE DECLARATION
I prefer suit because we want makeTITle on 0.1 acre which is now it is in inside of our fencing by using WILL deed.PLZ give ur valuable suggestion
M V Gupta
(Expert) 12 November 2011
Upon the death of your grand father the will came into force and the property as available at the time of his death will vest in you. But the will should be probated so that on the basis of the will you can get your names entered in the land records. So get the will probated first. for this you have to approach the District Court through an advocate and prove the genuineness of the will upon which the court will grant probate of the will. Thereafter you can along with the probated will and the partition deed approach the Tehasildar's office to enter your names in the land records. This completes your title to the property.
prabhakar singh
(Expert) 14 November 2011
A probate is not a legal necessity ever where ???
Where you are located????
In UP you can directly get mutated provided your will is registered if about land falling under UPZALR ACT.
