Sir, I am Arvind from Saran, Bihar and serving in defence. I am alone son of my parents and my father expired 3 years ago.My mother alone living at house.My was two brothers and my father was younger.Big uncle written his property (Bakhasisnama) to my father in 1983.His all family was not living in Bihar.My father gave some land to step son Manoj i.e. big uncle' son without any paper who written all property to my father.His all family setteled in Mumbai. But after 6 six yeras his son ( 2 year old ) and his four daughters returned to home. My father look after their children and did marriage of children in own expense. Afterather' s death, Manoj is claiming for whole land. I was doing boundary of my home and done from three side and 4th side remains pending because he is opposing.Police is also not taking any action and telling that this is land issue.No one in my home to go to civil court. What can I do ? Please suggest me I would be highly thankful to you. Regards, Arvind
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My grandmother written the land( Vakhsisnama)to my mother 30 year ago.but some of my land, my father written to other person without informing my mother.After my father' death, any action can be taken by us to get that land. Regards,
On father demise your mother and you would be absolute owners of property
2) I presume property was transferred in father name through gift deed
3) apply for mutation of property in your name and mother name
4) seek court orders to restrain your cousin from disturbing your possession of land
5) also restrain cousin from creating obstruction in construction of boundary wall
Sir , my father consists of me and my mother.Myself in govt job in defence and mother is about 60 years old.she is not able to go to court.without presence in court, how can I fight a case in civil court. Please guide me. Regards,
Your personal presence is not necessary on every date in civil case
2) it is sufficient if you are represented by a lawyer
Manoj is claiming for whole land. I was doing boundary of my home and done from three side and 4th side remains pending because he is opposing.Police is also not taking any action and telling that this is land issue.No one in my home to go to civil court.
What can I do ?
If the property is still in your father's name, then you can draw a partition among the legal heirs of your father and get it registered.
If the cousin is objecting to this, you may file a mandatory injunction suit against him restraining him from interfering into your possession of this property in any manner.
You can discuss with your advocate in a proper manner on all such further issues.
My grandmother written the land( Vakhsisnama)to my mother 30 year ago.but some of my land, my father written to other person without informing my mother.After my father' death, any action can be taken by us to get that land.
If your father was not having any title to the property that he transferred to somebody, then it is invalid, your mother can claim possession by filing a declaration suit and for possession of the property so transferred.
my father consists of me and my mother.Myself in govt job in defence and mother is about 60 years old.she is not able to go to court.without presence in court, how can I fight a case in civil court.
Your mother can give a power of attorney deed to some trusted person for fighting the court case in her absence, properly representing her and following it up through your advocate
You need to approach the civil court in this matter.
You can file an suit against him for not making any hindrance in the construction.
