• Land dispute

Dear Sir, This is regarding a land dispute. I am a resident of District Jharsuguda (Odisha State). my grandfather have 4 sons (A, B, C, D) and the land records were in name of my grandfather(X) dated back to 1973 and not yet separated on paper although everyone knows and cultivating on their own land. So, now one of the man(E) of same village is claiming that his father(Y) had purchased one plot that belonged to share of my father(B) in 1965 from another man(Z) of the same village. However, our land records doesn't says anything on this deal nor any one of our family aware of it. And when investigated internally, we came to know that he is claiming wrongly i.e. he supposed claim other's land plot instead of ours. But he is not at all ready to give an application to withdraw the claim against our plot.

Since my father(B) is no more and has expired 2 yrs back, my mother is alone and struggling because I am the only son and now working out of state and can't come & run beind offices/ officers and the person and noone of my father's brothers (A, C, D) are helping to sort out this issue.

So, request you to please guide me whether I can put a cheating and harrasement case against the person (E) who is putting a false claim on our land & making my mother to run behind offices.
Asked 1 year ago in Property Law from Jharsuguda, Odisha
Religion: Hindu
1. You and all your Uncles should now get the settlement deed executed and registered in connection with the property settled amongst all the sons by byour grandfather,

2. In that event, the title of the individual  portion of the land will be recorded with the Registration office and accordingly you can mutate your name with the land revenue records,

3. What aoolication E has filed and before whom he has filed the said application?

4. He has to file before the Court to claim the title of your share of the property with evidence,

5. Please note that BLRO record does not entitle ownership of land, registration of title deed establishes the said title,

6. If he files cu case, contest it fittingly,

7. You can make a ploice complaint alleging that E is harassing you by falsely claiming title of property with forged documents.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
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1. Ask (E) to produce evidence of his statements.
2. Encumbrance Certificate can be taken for the disputed land from the Sub-Registrar's Office to know who is the current owner and also the previous owners of the land.
3.Ask (E) to produce Sale Deed to the effect of transfer of property.
4.You can take 'Mutation extract' from the local taluk office to know how the land has been mutated in the name of the present owner from the previous owners and the chain link from the earliest owner of the land to the present owner.
5.If (E) continues to harass you & your mother, complain against him for trying to cheat you & your mother by hoisting a false claim without any evidence.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
1) on your grand father demise your father had 1/4th share in land 

2) since so claimant is not in position to produce any registered sale deed he cannot claim any ownership rights on your father 1/4th share . 

3) your mother can issue legal notice to A , C , D for division of land by metes and bounds . 

4) if they are not agreeable file suit for partition to claim your father share in said land . 

5) mere application made by so called claimant would not result in transfer of your father in his favour . 

6) your mother should file case of criminal intimidation under section 506 of IPC against said claimant 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
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Hi, you have to file a suit for bare injunction restraining him from interfering your peace full possession and enjoyment of the property.

2. According to him the sale deed was in the year 1965 almost 50 years has elapsed so he can't claim the property now.

3. It is better  all the member of the family can partition the property by entering into the partition deed so automatically your name will find a place in the RTC.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. E could not have purchased your father's share from Z except if your father gave a POA to Z. 

2. No case of cheating or harassment can be filed against E.

3. What you can do is ratify your ownership by seeking a declaration thereof from the court lest E succeeds in getting a stay order against you. There is no need to run behind revenue officers. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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