1) File suit for partition for division of property by metes and bounds

2) Seek orders to set aside transfer of property made in favour of third parties

3) seek injunction restraining cousin from selling the property

4) seek orders for appointment of court receiver in respect if said property

Hello,

1) You have to file the case where the property is situated. Therefore the answer is no. However the fact is that you don't need to be present in person all the time or on all curry dates to pursue the case. Your lawyer should be able to manage inconsequential dates.

2) Need to know what impeded your earlier attempts to file a case.

3) Provided you have sufficient documentary proof to show your bonafide you can succeed in making claim to the ancestral property you have a legitimate right to.

1)partition suit has to be filed where the property is situated

2) it cannot be filed at place wherein you are currently residing

1. you should file an application before the tehsildar for partition of the property according to share mentioned in land record, irrespective of the fact that no action shall be taken by the concerned officer.

2. if no action is taken by him on the said application you will have accrued a right to approach the high court.

3. thereafter you should file a petition before the high court under article 226 of the constitution of India for direction to dispose of the application in stipulated time. if again no action is taken then officer concerned shall be liable for contempt of the court.

Before approaching the court you must understand some points for getting a good result.

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property. Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property.Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common.

Suit for partition is the legal remedy for getting your share. Partition suit has to be filed where the property is situated. Description and details of the property is important for filing such suit. sufficient documentary proof is need to show you can raise a claim to the ancestral property

1. What prevents you from filing the suit? Are the lawyers not willing to take your case? ON what basis do you ultimately state "I have tried a number of times to file a suit but to no avail"? Unless you file the suit there is no way you can prove that the land has been usurped.

2. The suit has to be filed in the court within the local limits of whose jurisdiction the land is situated,

If you have a share in the ancestral property, then you first file a partition suit and seek separate possession of your respective and legitimate share in the property.

You may even file an application seeking to restrain the opposite party from alienating or encumbering the properly in any manner till the disposal of suit.

Before ascertaining your title and share of property there is no use of submitting application for transferring the revenue records to your name.

Why and what is the reasons that you could not file a partition suit?

I did try to file a partition suit. The case was prepared, the fee was paid but the suit never got filed. My question, Sir. Can this case in any way be file and pursued from my city of residence i. e Lucknow?

You cannot file a partition suit from Lucknow for the property situated at Uttarakhand.

Why you could not file a suit despite paying the court fee?

Revert with the reason for not filing the suit so that you can get further advises on this suiting to your situation.