krishna 12 March 2017
This word ROR -1B is not used in my state so bit confused but I presume it to be land record.
It seems some one else is in possession of property who claims to be owner of plot but he has not made a proper entry on record etc.
Theoretical and Practical, are two different things.
If I say theoretically then I can say Limitation Act state suit should be filed in 3 years from cause of action and cause of action in your case is 40 years so Hon. Court will not entertain you much case may be dismissed on limitation ground in 5-6 dates. Additionally you will end up paying Court fee , advocate fee and may be in loss monetary wise
Practical
After analysing whole case whether you can claim some thing else or cook some other story and then claim immovable property depends upon advocate who studies documents and case in detail. Since that person was unable to enter names on record in land record etc. that means sale transcation was not complete some where properly , proper stamp duty , registration fee not paid , or some thing is not straight in this case . What exactly is wrong is required to be studied legally then only inference can be made out of it.
Some people cook story he is tenant of the premises and we are owners
Some people cook story he was friend of our father and he is staying there and we are owners
Some people cook story we took money and property is in his possession , etc.
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General trend is that after cooking story they file some suit pay heavy court fee , advocate expenses and since both sides are wrong legally some where they compromise in Hon. Court. And as per compromise they take steps.
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Now how much you will succeed in this matter depends upon case to case , situation to situation and detail case analysis
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Whether doing such thing is right or wrong?
This things generally happen because previous property transaction was not done legally proper and thus doors are open for wide dispute , so certainly that person too have made legal blunder or his forefather.
krishna 12 March 2017
krishna 12 March 2017