My grandfather purchased a land in 1956, and gave some land to his cousin(registered as tenant in land given to him) as they are not able to survive due to financial problem.Also a another person(3rd person) is registered as tenant in some of part of land.but my grandfather is registered as Owner in all the said land.but in the year 1972 the cousin of my father become absolute owner of the part in which 3rd person is registered as tenant(document says that it is through hp tenant act 1972).
now in year 1986 son of cousin of my grandfather's try to sell his part of land in which he is tenant and also the part in which he registered as owner. then my father approaches him and tell him not to do this as it was not his land. then my father give money to him and purchased the part of all land under his name. but now when I check the revenue docs the part of land of 3rd party is still in his name instead of my father's name. my father is passed away two years ago. and i have only a agreement to sell land as proof of there deal. now please tell me that how can i make correction in records as the concerned person is not good by nature and is a fraud.Also this disturbed part of land is under my possession since 1957(and since 1986 as in my life).
Asked in Property Law from Mandi, Himachal Pradesh
1) you have to on your father demise obtain letters of administration from court as your father died intestate
2) file declaratory suit that you are absolute owner of land and for setting aside mutation of land made in name of tenant
3) also seek injunction restraining cousin and tenant from selling the land
Although without a threadbare perusal of the documents nothing can be said but it seems that the mutation was not carried out to record the transfer of title. So you can apply for mutation. You should consult a lawyer with all the documents relating to the property so that the picture becomes clear.
You have to apply for transfer of name in the revenue records on that part of the land either on your name or on the names of all the legal heirs of your deceased father by producing the death certificate and legal heir ship certificate.
Since the title to the property has been registered on your father's name, legally he is the owner having marketable title to the property.
Upon his intestate death all his legal heirs are entitled to their legitimate share in the property.
However as far as the name transfer is concerned you have to apply for it and get it transferred to enable you to sell the property properly and legally.