• How to recover my grandfather's properties captured by some

My grandfather & grandmother were living in Hazaribagh, Jharkhand and had huge wealth, expired in 1920 & 1913 (approx), living behind theirs two minors, my father (aged 7 years) and his elder brother (aged 11 years). Theirs two sons were expired/killed (by using poison in drinking water) on 1911-12 (before birth of these two child) under a conspiracy to capture theirs property. Therefore, after death of two young sons in a same day (1911-12), death of wife (1913), my grandfather very shocked and fadeup and left his properties and home and moved away to save own as well as his sons lifes and settled in a new place Ramgarh, Jharkhand and finally expired in 1920 by heart attack. After death of my grandfather in 1920 (approx), there where no any member in family to take care of my father and his elder brother (aged 7 years and 11 years respectively). Except these they had threatened as to kill them by some illegal elements of that time. And finally my father and his elder brother, left his house from Ramgarh, jharkhand and whole property (as they were minor and far away from theirs property since birth/long time) to save their life again. Finally my father moved here & there and finally setteled in Sakchi, Jamshedpur, Jharkhand. Till death they don't know what they were. They survived very painful life and whenever they tried to know any more, due to threatening, lack of knowledge, lack of money etc. They became failed and finally expired in 1964 & 1977 in jamshedpur, jharkhand.
Currently, in 2013, I got information that there were lot of lands in name of my grandfather (more than 100 acres). I searched and using RTI received registered II of 1911-12 from Block and record room Hazaribagh, khatiyan 1911-12, every where properties has my grandfather's name. Records 1967-68, also clears properties in my grandfathers name. in some papers it cleared that using fack documents and saying that they are families of my grandfather, captured the land. documents till 1996-97 also says that some names were enteted by Halka Karamchari on the basis of oral survey as they are family members of my grandfather. 
Therefore, kindly confirm me how I recover my grandfather's properties as I am only in my family to claim legally and there is none to claim as they belong to my grandfather's family.
Thanking you,
Yours
Ravi Shankar Prasad
Mob: [deleted]
Jamshedpur, Jharkhand
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1) you have to apply for and obtain letters of administration from district court in respect of your properties standing in your grand father name

2) it should not take more than 6 months

3) then apply for mutation of properties in your name

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You will have to file suit for eviction against trespassers

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Therefore, kindly confirm me how I recover my grandfather's properties as I am only in my family to claim legally and there is none to claim as they belong to my grandfather's family.

First ascertain the details of property scattered everywhere and who are all the occupants in it.

Get the details of the property i.e., relevant title documents or any other revenue records by making a frantic search in the registrar's office as well as the Tehsildar's office or land revenue department.

Even if you are getting a small detail or record, climb on it and make relentless search by putting hard efforts to go into depth even at the cost of facing some humiliations and threats by illegal occupiers.

Once get into hand some basic details, you can penetrate inside by first initiating a legal suit for recovery of possession of that property and gradually you spread your area of operation by including all other properties that is accessed.

Civil suit for recovery of possession is the only solution for the present.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Sir, someones are made their homes on captured land. How can I recover.

Dont be worried about it, let the court decide about evicting them and handing over possession to you or to bring the dwelling unit to auction or demolition etc.

You stick to your case alone, that is their botheration who have built houses in it, let them defend themselves on whatever ground they may come with, you can seriously counter their claim and drive them out.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

If you are the only legal heir to your grandparents then you can claim succession to the properties. The remedy for you is to file a suit for declaration of your title and recovery of possession of the land. Any trespasser who has constructed property on your land can be evicted on court orders if you are able to prove your title.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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