Family dispute over ownership of land
My grandfather was married with whom he had 3 sons and 2 daughters. After death of his first wife, my grandfather married again with whom he had 3 sons and 4 daughters. My grandfather and grandmother are not alive.
At the time of second marriage of my grandfather, to safeguard interest of his 3 sons from the first wife of my grandfather, his father (i.e. my grand grandfather) gave some land (now this land will be referred as ‘the Land’) to the 3 sons of my grandfather from his first marriage, thus each son was the owner of 1/3rd of the Land.
Now out of 3 sons, 1 is absconding for last 40-45 years. Just 4 months back 2 remaining sons got whole of the land mutated in their own name, even the share of their absconding brother. Though Jamabandi not done as yet.
For this purpose, they have furnished fraud affidavits / witnesses. They even did not disclose in the Affidavit that they have other brothers and sisters to avoid sharing the land with them.
Now my query is :
(1) What legal remedy is available with me? Should I file suit for partition for the land in question?
(2) What is the appropriate forum - District Court or Dy. Commissioner of the District?
(3) Or should I move application before Tehsildar Court?
(4) What can be done so that they (my father’s brother) do not become lawful owner of the land, and the land is shared among all brothers and sisters of my father?
The land in question is agricultural and is located in Ambala, Haryana.
This land was allotted by Indian Govt. to my grand grandfather in lieu of the land we had in Pakistan before Partition of India – Pakistan. Thus can be considered as ‘ancestral Land’
Although names of other brothers and sisters are not there in the revenue record, my query is pertaining to 1/3 part of the total land, which was to go to the absconding brother.
Asked in Civil Law from ambala, Haryana
as per your query your great grand father had transferred some land in favour of his grandsons . as such each became owner of 1/3rd share . as one brother is presumed dead his share has been by means of false affidavits sought to mutated lby your uncles in their favour . you have not mentioned whether uncle presumed dead was bachelor or was married and had any children . if he was a bachelor his share would have gone to his brothers and sisters . if false mutation has sought to be done you have to challenge the said mutation . file suit for partition .
I have replied to this query earlier and extract hereinbelow my reply therefrom.
1. Who is the original owner of this land? Was a legal recognition of your uncle's death obtained from a court of law? Is the land urban or rural? The answers to these questions are germane to decide the legal recourse to be adopted.
2. Partition through the process of court can be sought if you are able to establish your right in this property. The antecedent title of the property has to be ascertained in this regard. If fraud affidavits have been furnished then you may oppose mutation in accordance with the law. If the property belonged to your grand father then you are an equal share holder therein, in which scenario you can file for partition.
3. The proper forum for filing it can be decided only after the nature of land is known.