1)deed of rectification has to be executed to rectify mistake in gift deed
2) you cannot change the boundaries unilaterally
3) you are at liberty to sell the land gifted to you
4) if your uncle is aggrieved he has to file suit to set aside gift deed
Partition
Hi, as part of partition deed my uncle (my father’s younger brother) registered an agricultural land of 1acre single survey number to me directly.. this was his self acquired property in 1970s.. at that point in time, the property had no fixed boundaries, the property was located to the west and now based on the surveyor the property’s survey number is in the east.. which my uncle believes is incorrect as the boundary was in the west and matter of fact,there is no such survey and no land in the west to fight for.. hence, I visited the taluk office and changed the boundaries as per the surveyor and got neighbour owners consent as per survey.. but my uncle and his family is refusing to leave the property possession stating that this land was incorrectly registered as the land should be in the west end and not in the east end which he believes is the ancestral property (which is located quite below from this land in question).. now how do I take possession of this property which is registered to me or sell the property legally without any court cases.. my uncle is quite well powered with police, Court and politician support which I wish to avoid.. any suggestions please?
Asked 1 year ago in Property Law
Religion: Hindu
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15 Answers
This was not a gift deed, it was registered as a partition deed to me instead of my father directly.. as all my grandparents property is in my uncle’s name (legally or illegally) later after some dispute part of the land which was to be given to my father was directly registered to my name as part of partition deed. 2. Boundary was changed legally as there was no survey toold those times.. As per blanket approach the land’s boundary was set as 1-2 persons owned the majority of the land, now that the land owners changed and roads were established, the boundaries seems to be in eat instead of west and considering land owners being split and not considering the blanket or visual boundary
Asked 1 year ago
once deed of partition is executed duly stamped and registered you are the absolute owner of said land
2) it would be your self acquired property and you are at liberty to sell the land
- As per law, once a gift deed is registered , it cannot be cancelled on any ground .
- Since, your uncle has registered the gift deed in your name , then he cannot cancel the same only on the ground that the direction in the deed is different or wrong.
- Further, as you have already corrected the said direction from the Taluck office , hence you have right to take the possession of that land.
- You can send a legal notice to your uncle for handing over the possession to you ,and if refused then file a suit for possession and injunction before the Court for getting possession and to restrain him from selling the property .
- Yes, you can sell the property on the ground of registered gift deed.
Thank you for your response. If you could please list down the documents / actions required to ensure smooth transition to the seller it would be helpful for my checklist..
Asked 1 year ago
Lastly, can my uncle or any of my uncle’s family members intervene or stop or place a stay order from court during my process of possession and / or sale?
Asked 1 year ago
1) rely upon registered partition deed
2) mutation of property done in your name
3) latest receipt of payment of property taxes
4) contact a local lawyer
in event any suit is filed to set aside sale deed rely upon registered partition deed
- You can apply for mutation in your name after submitting the copy of the gift deed to bring your name in the Revenue record.
You can sell the same if he illegally tries to bring hurdles you can approach court
if you have a registered title deed on your name then you can very well sell the property which is on your name in favor of the prospective buyer.
If your uncle is refusing to vacate then you have no option than to file a suit for possession by filing a suit to eject him from your property and consequential permanent injunction.
He may be having contacts with police or political influence, but when the case is before the court, he has to obey the court order.
The police will not interfere in civil matters.
Since you have got your property's boundaries properly surveyed by the government surveyor and got the boundaries correctly marked and demarcated the property properly, you need not have to be worried about your uncle's aggression.
you can proceed with the sale of the property since you have the registered title deed on your name.
If your uncle is creating problem then you can file a suit for permanent injunction against him restraining him from interfering in your possession and enjoyment of the property.
The registered title document in your name, tax paid receipts, RTCs, mutation records, any other relevant documents to prove your possession and enjoyment including the latest survey report for marking your boundaries and demarcation etc., are few documents you can gather to be prepared to sell the property.
For obtaining a stay order they should have substantial documentary evidence to prove the title on their name, if you apprehend them to obtain any stay order, you may first file a caveat petition against them and then sell the property so that the stay order cannot be granted by court during a caveat petition pending before the court.
Thank you very much for the insightful advise.. really appreciate it and your time taken.. I have been told to avoid Court cases in young age as it prolongs for years especially civil.. is it a myth? In case I file a suit for possession and permanent injunction or file a caveat petition; could you please advise the approximate timelines for granting this or closure..
Asked 1 year ago
Suit for partition take 15 years to be disposed of or so depending upon pending cases in trial court
You will get an injunction soon but the whole case may take time. Injunction will serve your purpose
The timeline for disposal of a civil suit cannot be predicted owing to various factors involved in it, however these days the cases are disposed expeditiously in many courts across the country.
If necessary then you have no other option than approaching court of law for relief and remedy, hence instead of staying away from court based on rumours or myths, you may better don't waste time and rush to court for relief without delay.
- Caveat petition is only for knowing the information about the case filed by the opponent parties
- Hence, if you are not in possession of any part of this property , then you can file a Mandatory injunction suit to save the Court fees. But if not in possession then you can file the suit for Possession and Injunction.
- The time period is depend upon the burden of the Court, and your presence is not needed on each and every date of hearing.