• Possession of land

I have 2000 sq yards of plot (ancestral land) in farukhnagar haryana for which I went to take possession patwari told me there are lot of co-owners in same acre of land (same khewat) who takes possession where is difficult to control so he wants me to sell land to a dealer at throwaway price which I don't as I am a retired army officer a war veteran of 71war, so don't want to give up my ancestral property, please advice me how to go about to get possession of the land and please guide me how to get registry done of the plot in Lal Dora
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

In whose name land is registered at present ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

dont sell your land to dealer

2) apply to survey office for demarcation of your land boundaries

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
89705 Answers
6487 Consultations

5.0 on 5.0

Sir file a partition suit before the court in the said property to claim your share and make other co sharers respondents in the suit, The court shall pass such order of partition and divide the property by meats and bounds. So the partition suit need to be filed,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. Engage services of a lawyer;

2. Since khewat land belongs to co-owners;

3. Therefore you might own some portion of the land;

4. Ask for the partition of the land, including the bifurcation of the plot no. and survey number of your land;

5. Once you do that then mutation entries will be made in the registering authority of your name.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Ancestral property can be defined in general parlance as the property, which has been passed on from one generation to another. There are two major conditions that a property has to fulfill in order to be an ancestral property.

The property has to be four generations old at the least;

The same shouldn’t have been partitioned or divided into the past three generations.

Inheritance situations differ in matters of self-acquired property and ancestral property. Self-acquired property is the property that individual purchases out of one’s own income. In the case of self-acquired property, the owner can take away your share in the same. For instance, if your father has purchased a property out of his own money, he can exclude you from its inheritance. However, in the case of ancestral property, ones share cannot be taken away no matter what the situation.

The claim on an ancestral property comes through the act of birth. However, this claim into the ancestral property and the share that is given to each individual against his claim is determined by the successive generation. They decide the respective shares.

If the property is inherited from your mother, uncle, brother or grandmother, it is not ancestral property.

The partition of an ancestral property can be made by a Partition Notice or a Declaration to Separate, Partition Agreement. The partition can also be carried out through arbitration or through suits. An example of partition being, if the property is to be divided amongst five people, they will receive equal shares in the property i.e. 1/5th share each. With the development of the Hindu Succession Act in 2005, daughters too can have a share in the property. If denied a share in the property, a legal notice should be sent by the aggrieved to the erring party. Filing a suit for partition and contesting the same in court can also help in claiming the share. In case the property has been sold off without your consent, it is suggested that the buyer should also be added to a party and a suit should be filed to claim ones share.

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

The whole procedure will b told upon consultation personally... As we didn't seen what documents you had... If you would like to solved your legal query and get you legal rights contact us on brlegalassociates.com

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

There is no need to sell land to a dealer at throwaway price just because there are lot of co-owners in same acre of land.

You can apply for demarcation of land to the concerned Tehsildar by paying requisite Court-fee.

Siddharth Jain
Advocate, New Delhi
6184 Answers
101 Consultations

5.0 on 5.0

Hello, without going through the documents of the property, I can not advice you anything. Please contact with complete property documents. We are law firm based in gurgaon

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

If you have property document s in your name and have been paying taxes on your name, the patwari cannot ask you to give away your property to anyone he may desire.

If he is obstructing your possession or standing as an obstacle then you may issue a legal notice to him or to prefer a complaint agaisnt him with the District collector for relief and remedy.

If nothing works then you may approach court seeking direction to patwari for handing over possession or any other relief that is expected out of him.

T Kalaiselvan
Advocate, Vellore
79875 Answers
1667 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