your mother should file declaratory suit that she is absolute owner of land on husband demise .
2) seek orders to direct cousin to vacate portion of land in his possession
Patta land
Sir good morning , my father buy a agriculture land in 1948 but he died around 1960, at that time my age is around 10years , at the same time we did living my grandfather house other village , that land cultivate my cousin long time but my mother name in revenue records , when I am ask about land they give only 0.20cents(total extend 1.23cents) , but they get passbook total 1.23 cents(1996) , now what I have rights that land how to get ( we have sale deed,RH Page , up to 1995 adangal total extent )
Asked 7 years ago in Property Law
Religion: Hindu
15 Answers
Sir you have to file a civil suit for the possession of your property and permanent injunction against them along with the interim application so that the property is not illegally sold.
further see they will contest it on basis of long and undisputed adverse possession for same you in your plaint only content that they were under permissive possession now illegally they are disputing record and not giving you possession of your land.
Dear Client,
You can seek possession and declaration through court but the case delayed enough and barred by limitation.
You can get your property back by filing a Civil Suit. You may contact with complete details and documents with any senior advocate.
you can file a partition suit in civil court and secure your right.
Yogendra Singh rajwat sir , ur answer is, it is difficult to get that land for they possession in the ground . Say strong suggestion what I have genealogy rights to get that land , is any negative for me say anything because we are middle class family, I will decide and say my son's for filling suit what u say , how much time taken (years) in court for judgement , say legal rights exact what I have, please say sir it is my childrens future
Asked 7 years ago
suit would take 10 years to be disposed of
You can file a suit and seek the said share in land. Limitation will start when u had knowledge.
Sir civil suit will take long time to contest still you there are goods chances that you will get your right. The litigation is long drawn procedure in India, but faith in judiciary shall help you.
Sir , my father family divided in 1936 and we have that agreement , my father purchased lands 1940 ,1944,1949,1955 in own earning amount and we r possession that lands ( dispute 1949) it is any proove that land is mine, but my cousin have only patta passbook(1996) which suit is early to get land
Asked 7 years ago
Patta or entry in revenue record dose not prove ownership but are meant for revenue purpose. You must have sale deed executed by your father or such other proof of purchase ?
As i said, they are in long possession of property, so they can stake their ownership, by theory of adverse possession,
rest you can take chance by filing possession suit.
For precise advise , more details will require.
Sir civil suit only is only way for possession of the property and for change in land records done illegally.
registered sale deed by which your father purchased land would prove father was owner of land
If it was your father's estate, then it will automatically devolve on all his legal heirs, including you, your mother mother and other siblings.
If you have original registered sale deed in your possession, you may ask your cousin to vacate and take possession of the property, if he is reluctant and refusing to vacate then you may file a suit for ejectment.
Consult local advocate on further issues before taking any legal steps.
my father family divided in 1936 and we have that agreement , my father purchased lands 1940 ,1944,1949,1955 in own earning amount and we r possession that lands ( dispute 1949) it is any proove that land is mine, but my cousin have only patta passbook(1996) which suit i
Patta is not a title document.
You may file a suit for ejectment against the occupier with permanent injunction restraining them from interfering in your possession and enjoyment of the property.
I will decide and say my son's for filling suit what u say , how much time taken (years) in court for judgement , say legal rights exact what I have, please say sir it is my childrens future
You first issue a legal notice to the occupier and instruct him to vacate the property within a time stipulated.
If he is not complying then you can sue him for unauthorised occupation and file a suit to eject him from the property.
Dear Sir
It is unfortunate that Indian Courts do not have any time limit to dispose the cases, even though there are circulars but not taken seriously. It is three tier system it takes 10 to 12 years to complete the circle. Any way you have a case on merits.
