prasad (software eng) 01 January 2014

Land dispute

Hi,

My father own some land in our village since last 20yrs for which we have registration as well(It was given from my grand mother to my father) .

Recently,One of our relative claiming some portion of land now by saying that 30yrs back that land was on their name and hadn't been

given to my grand mother which she is owning since 20yrs.

There was some settlement done between my grand mother and my relatives some 30yrs back(which is now being denied by these relatives) since then it is owned by my grand mother then to my father now.

We have this land registered on our name since 20yrs till date.

How can i be prepared if these relatives file case against us.

I need your help.

And also,I want to file a RTI to check number of registrations done on my land since 30yrs how can get this info?

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7 Replies

Biswanath Roy (Advocate) 01 January 2014

i NEED THE DOCUMENT ENTERED BETWEEN YOUR GRAND MOTHER AND FATHER AND THE DOCUMENT BETWEEN YOUR RELATIVES AND YOUR GRANDMOTHER ALLEGEDLY ENTERED INTO ABOUT 30 YEARS BACK TO GIVE MY SUCCESSFUL OPINION. - B. N. ROY. Senior Advocate, Calcutta High Court.

T. Kalaiselvan, Advocate (Advocate) 01 January 2014

Instead of RTI get an encumbrance certificate from which you can get the details of all the transactions of the property.

T. Kalaiselvan, Advocate (Advocate) 01 January 2014

The best thing under this situation is to patiently wait and watch the situation, if they are filing a suit,see what is the suit and on what basis, and what are the documents they rely upon. If you have the title documents on your name, you may contest the case accordingly. Do not rush up now until they come out with a case.

prasad (software eng) 02 January 2014

Thanks for your advice Sir, I also heard that if some one owning land for more than 12yrs then no one can claim that land from him and there cannot be any law suits filed against it. May I know from where I can get "encumbrance certificate"?

Avadhesh Paliwal (advocate) 08 January 2014

I agee on it.... it is very good advise....sir,

Regards,

avadhesh

prasad (software eng) 18 January 2014

Hello Sir,

We have encumbrance certificate but there are no transaction details .Only detail available in it is in 2007 registration which my father made,but before this nothing is given.

When sought the information about this in mandal office they provided pahani details which mentions about my fathers registration from 1994 to till date.Before this there are no proper details on how it is transferred from my relative to my grandmother then to my father.Reason I found is, there used to be no formal ways to these transactions, this used to happen with settlement in front of village panchayat and all.

Now mandal VRO is asking us to discuss on this with our relative and panchayat again . What should we do?