Father's cousin claiming over his property what can be done

514 votes

If the property is ancestral property then your cousins are entitled the share in the property and if the property is personal property of your father then they have no right to claim the share in the property. So for as the act of the secretary of gram panchayat is concern he has no right to interfere in the matter. I will advice you that you move application before the tehsildar for mutation and he will deside your application if he rejects your application then you go before the civil court by filling a civil suit against the cousins and revenue officer for direction to the revenue officer like tehsildar to enter the name of your father in the revenue record and prove your case that property is personal property of your father and not ancestral property.

I hope this advice will help you to understand and face the problem.

Advocate Rohit Jagwani LawRato

711 votes

The property transfer takes place in this manner:
Son;
daughter;
widow;
mother;
son of a pre-deceased son;
daughter of a pre-deceased son;
son of a pre-deceased daughter;
daughter of a pre-deceased daughter;
widow of a pre-deceased son;
son of a pre-deceased son of a pre-deceased son;
daughter of a pre-deceased son of a pre-deceased son;
widow of a pre-deceased son of a pre-deceased son.

If no body from this category is available then it is further transferred in this manner:
I. Father.

II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

V. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

IX. Mother’s brother; mother’s sister.

Advocate Rakesh Kumar Vishwakarma LawRato

813 votes

You need to file a civil suit gor declaration of ownership and permanent injunction restraining then from your father's possession against your uncle and panchayat.
Upon proving ownership by documentary evidence, it can be transfered in your father's name.

LawRato LawRato