1. You should apply for survey to be conducted to the tehsildar as the lane which has been shown in the records does not exist.
2. The expenses were borne by your uncle willingly, so he cannot recover the same now.
Can a brother ask a way from a partitioned house
My father has a ancestral house which has been divided among six brothers A, B, C, D, E & F, of which three of them have sold the house to my father (F) and my uncle A. My father (F) and my uncle (D) did not make any physical division in the house as both of them have been staying in cities. Now I want to repair the house which my father inherits and wants to divide the house by building a wall in between with my fathers consent. This will make my uncle to create a new entry door for his house. Now I have following issues 1) My uncle without knowing us with the help of the then Talathi made an entry on records that their is a lane for him to use but which actually is not present physically. 2) Almost 15 years ago he stayed in that house for couple of years in which he took all monetary benefits from government which was given then to earthquake affected people, and used my fathers share of monetary help for little maintenance of the house, whereas he did not give us anything such as rent or so to use my fathers house. Now he is demanding the expenses that he did on maintenance, is it legal? 3) How can I correct entries in government records legally?
Asked 8 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
4 Answers
1)uncle can ask your father to shell out equal expenses incurred for maintenance of the house
2) in turn your father should seek share in monetary benefits received by uncle from govt
3)claim of uncle for more than 3 years is barred by limitation
4)apply to talathi for rectification of records .
5) please note that if uncle has no right to way to reach his portion he can seek easmentary right of necessity
Hii, for that you have to file a civil suit of permanent injuction and specific performance in court .. 2) he have already used your share in the maintainance, that was granted as earthquake relief , therefore now his claim is not valid ..
1. The entry in the village revenue records shall be based on the previous records and not by the influence of your uncle, the village revenue officer cannot make any such amendment in his register without proper authority, if so your father can challenge the same by submitting an objection to this before the Tahsildar for releif and remedy.
2. You can refuse to pay him quoting the same what you have mentioned here.
What is legal on this will be decided by court if he prefers to go to court for this and other issues.
3. File a representation before the concerned Tahsildar for correcting it and restore originality.
