89+ Lawyers are online 
Uncle occupied extra land after partition of grandfathers property
08-Jun-2023 (In Property Law)
My grandfather and his brother had 1 house.As his brother wanted to build a separate house they split it into 2.My grandfather passed away recently.I discovered now that my grandfathers brother had ceased 1 cent of my grandfathers land for building his house.It has been 15 years since the house has been built.What legal action I can take to resolve this issue
You have slept on your right for a longer time. Your uncle was in adverse possession for more than 12 years. Chances of you succeeding in your claim depend on the possessory documents. Look to what extent you are paying property tax and also find out the extent to which your uncle paying property tax.
Helpful?
20+
20+
Adv. GP Vijay
Chennai | 200+ Answers
CONTACT NOW
whether the property was partitioned?
If yes whether the partition deed was registered?
Is there any deviation as per the partition deed?
Do you have the building approved plan copy? What is the description of that 1 cent?
Based on the reply I can give my opinion
If yes whether the partition deed was registered?
Is there any deviation as per the partition deed?
Do you have the building approved plan copy? What is the description of that 1 cent?
Based on the reply I can give my opinion
Helpful?
24+
24+
Adv. V Arunagiri
Chennai | 25+ Answers
CONTACT NOW
Your grandfather's property shall go to his legal heirs consisting his own children.
Who are all his children besides your own parent?
All the shareholders of your grandfather's intestate property have to combine together, assess the loss due to your grandfather's brother's encroachment in his share of property, talk to him to either compensate the loss or give away the same to them, if he is not alive then the talks should be held with the legal heirs of that brother,try to arrive at an amicable solution. If the talks fail then the children of your grandfather may plan to initiate suit for declaration and possession of the encroached portion of property through civil court.
Do not go to police because they will take money from both the sides and drive both of them away saying this it is civil dispute hence go to the court for relief.
Who are all his children besides your own parent?
All the shareholders of your grandfather's intestate property have to combine together, assess the loss due to your grandfather's brother's encroachment in his share of property, talk to him to either compensate the loss or give away the same to them, if he is not alive then the talks should be held with the legal heirs of that brother,try to arrive at an amicable solution. If the talks fail then the children of your grandfather may plan to initiate suit for declaration and possession of the encroached portion of property through civil court.
Do not go to police because they will take money from both the sides and drive both of them away saying this it is civil dispute hence go to the court for relief.
Helpful?
18+
18+
Adv. T Kalaiselvan
Vellore | 400+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
