• A cousin claims joint residential property alone

I belong to Odisha, rural. Dist Sundargarh, Bargaon Tahsil, Tudalaga RI, village Dandjamira. From the time of our grandfather till 2001 the land document was Joint. The Khatiyan No was 184, Residential plot no was 1499 for all. In 2001 property document was separated and entire residential property plot no 1499 has been entered in our cousin's document. We do not know anything how it happened. We came to know now, since we demolished old house and wanted to build new one. This house was 50 years old, occupation of the particular property will be more than 100 years. The person is Jealous about our improvement in our lives and want to put full stop. What way I can stop this man from raising this issue again and again. I appreciate if any one can give me appropriate solution to it. Thanks in advance for your kind response.
Asked 7 years ago in Property Law
Religion: Christian

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

1) file RTI application and obtain copies of application filed by cousin for transfer of plot no 1499 in cousin name

2) if your signatures have been forced apply for setting aside mutation of plot no 1499 done in cousin name

3) file police complaint for forgery , criminal breach of trust against cousin

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1) as advised take search of revenue records as to how plot has been transferred in his name only

2) based on search results appropriate course of action can be sugested

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

if he used to breach tranquility and cause disturbance you should file an application before the district magistrate/collector under section 145 crpc. district magistrate/collector shall take a bond from him for 1 year and preclude him to do any such act.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. It appears from the query that the jointly held inherited property has not been partitioned and your cousin has entered his name in all land records as owner of the said property.

2. By entering name in land records, one can not own a property. There shall have to be deeds registered in particular name for transferring the title of the property or by court order.

3. File a partition suit before the Court seeking partition of the said property by metes and bounds.

4. The property will be divided and demarcated by court commissioner taking in to consideration the portion of the property you were occupying since ages.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. File the partition suit as suggested in my earlier post.

2. Once he property is divided and demarcated by the Court with metes and bounds, all your problems will be solved with court intervention.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

file RTI application as advised . you will come to know on what basis mutation has been done in favour of cousin

2) you are always at liberty to challenge the mutation entries made in favour of cousin

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. This statement of the RI stating that once a wrong entry has ben made, nothing can be done is nothing but rubbish.

2. You have ls been informed in my earlier post that entry in land record does not indicate title of te property by registration of deed does.

3. There is no immediate remedy for property matters.

4. You can lodge a police complaint against hem for disturbing you and hen obtain an order under Order 39 Rule 1 & 2 restraining them to enter in to your occupied area and disturb you.

5. File a partition suit as advised in my earlier post to permanently solve the problem with Court intervention.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

police may not intervene on grounds that it is civil suit

2) better file suit and seek interim reliefs against cousin

3)as advised earlier if mutation has been on basis of your forged signature file police complaint against cousin

4) legal heirs who are not staying in village can execute POA in your favour to take legal proceedings against cousin

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. No. First you shall have to lodge a police complaint for encroachment in to your area and then file the partition suit.

2. After filing the said partition suit you shall have to file a petition before the Court under Order 39 Rule 1 7 2 praying an order restraining the opposite parties in entering in to your occupied area.

3. Police complaint shall have to be written/types on plain paper if not own letter head.

4. Partition suit can be filed by even one claimant making all other legal heirs as opposite parties.

5. Even if some of the legal heirs do not attend the hearings, the court will pass the order for partition of the said property by engaging a Court Commissioner.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The person is Jealous about our improvement in our lives and want to put full stop. What way I can stop this man from raising this issue again and again. I appreciate if any one can give me appropriate solution to it

If the property stands in yor name and is being troubled by your cousin without any valid reason, then you may either give a police complaint agaisnt him for disturbing and torturing you.

Or you may file a permanent injunction suit against him to restrain him from not to interfere in your peaceful possession of the property.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

What should I do to keep this man quiet. Or what strong legal action can be taken. Here two cousins are plotting

against us. One is just instigating the other.

If it is a physical torture then you may aproach police with a criminal complaint and if it is a legal torture, you may approach civil court with a suit for permanent injunction agaisnt them seeking to restrain them from indulging in such illegal activities against you.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

And it is so silly to hear from RI that the old documents have no relevance. Our fear is, if we approach court it may take longer time and the construction going on in that place may stop or held up. What would be the better and immediate solution. Revenue authorities are not in our favor. How to deal with them. Please sugges

The revenue authorities would not support you if the revenue papers are not in your name as regards to the title of the proerty.

You have to aproach court for declaring the title in your favor on the basis of the facts that you rely upon to establish your title.

It may take time but that is the only relief, you better do not construct the property now.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Can I lodge a police complaint under order 39 Rule 1 and 2 without court order?

No this is not maintainable in criminal law, moreover the police will not entertain such complaints which are not within the criminal law jurisdiction.

For demarcation suit, is it required all the successor to be present? Some are living far away in Lucknow and Pune. May be difficult to to attend the hearing regularly.

For a partition suit, it is not necessary that all parties have to attend the court hearing on all dates of hearing.

They all may sign the papers, the lawyer will take care of the proceedings in their absence.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer