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One of my uncle (father's brother) was absconding for last 30 years and now treated as dead. my two
01-May-2023 (In Property Law)
One of my uncle (father's brother) was absconding for last 30 years and now treated as dead. my two uncles (father's brothers) have got the land registered in their own name, which was in their name jointly with the absconding brother of my father. however, mutation not done yet. for this purpose, they have furnished fraud affidavits / witnesses. they even did not disclose that they have five sisters and two more brothers to avoid sharing the land with them. now my query is :
(1) what legal remedy is available with me? should i file suit for partition for the land in question? (2) what is the appropriate forum - district court or dy. commissioner of the district? (3) or should i move application before tehsildar court? (4) what can be done so that they (my father’s brother) do not become lawful owner of the land, and the land is shared among all brothers and sisters of my father? the land in question is agricultural and is located in ambala, haryana.
(1) what legal remedy is available with me? should i file suit for partition for the land in question? (2) what is the appropriate forum - district court or dy. commissioner of the district? (3) or should i move application before tehsildar court? (4) what can be done so that they (my father’s brother) do not become lawful owner of the land, and the land is shared among all brothers and sisters of my father? the land in question is agricultural and is located in ambala, haryana.
Who is the original owner of this land? Was a legal recognition of your uncle's death obtained from a court of law? Is the land urban or rural? The answers to these questions are germane to decide the legal recourse to be adopted. Partition through the process of court can be sought if you are able to establish your right in this property.
The antecedent title of the property has to be ascertained in this regard. If fraud affidavits have been furnished then you may oppose mutation in accordance with the law. If the property belonged to your grand father then you are an equal share holder therein, in which scenario you can file for partition. The proper forum for filing it can be decided only after the nature of land is known.
The antecedent title of the property has to be ascertained in this regard. If fraud affidavits have been furnished then you may oppose mutation in accordance with the law. If the property belonged to your grand father then you are an equal share holder therein, in which scenario you can file for partition. The proper forum for filing it can be decided only after the nature of land is known.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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