How to take possession of Land
03-Oct-2023 (In Civil Law)
My mother had self aquired property which is divided between 4 people ( 2brothers and2 sisters). my mother expired 20 years back. She did not make any will. Partition has been done, names of all 4 people is mentioned in RTC as joint possessors. My elder brother is cultivating this land for 20 years. Does limitation apply to it, how can take seperate possesion.
You can claim your share of property as per the division that took place among all the children. In case if your brother doesn't agree to give your share as per the division. On the basis of the documents and claim your property
Helpful?
48+
you have light under the to take possession by filling proper suit to take possession.
1. you can apply for change of khatha on the base of partition,
2. you can put your name in RTC after changing khatha
3. you can take possession after the above 3 steps and
4. finally you have option to file suit against other for permanent injunction and declaration suit if any one objected.
for further query you can contact me
1. you can apply for change of khatha on the base of partition,
2. you can put your name in RTC after changing khatha
3. you can take possession after the above 3 steps and
4. finally you have option to file suit against other for permanent injunction and declaration suit if any one objected.
for further query you can contact me
Helpful?
47+
mother died intestate without leaving any WILL. So two sons and two daughters and the husband succeed to the property simultaneously and in equal shares. If husband was not alive as on the date of the death of the mother, then two sons and two daughters succeed simultaneously and in equal shares.
Since RTC stands in the joint names of 4 children, any of you may seek partition by metes and bounds. In case of any dispute or difference, any of you may file a suit for partition in a competent court of law and get your share demarcated and put you in possession by court.
Since RTC stands in the joint names of 4 children, any of you may seek partition by metes and bounds. In case of any dispute or difference, any of you may file a suit for partition in a competent court of law and get your share demarcated and put you in possession by court.
Helpful?
48+
As the partition has occurred and now the names of all 4 people are shown on the RTC. It is advised to make an application requesting for a 11(e) Sketch to clearly survey the land by metes and bounds. This 11(e) Sketch shall portray the exact extent of the land among the 4 people as it is resurveyed. However, if you are not satisfied then you can file a suit for partition and filing an application for condonation of delay!
Helpful?
35+
Dear Friend,
You have equal rights in the Partitioned property of the deceased and can claim your share of partition and possession as well. The relevant provision of law is ‘Hindu Succession Act’ as amended in 2005. You have to file the case where the property is situated. And you can file temporary injunction suit against your elder brother under section 37 of specific relief act.
You have equal rights in the Partitioned property of the deceased and can claim your share of partition and possession as well. The relevant provision of law is ‘Hindu Succession Act’ as amended in 2005. You have to file the case where the property is situated. And you can file temporary injunction suit against your elder brother under section 37 of specific relief act.
Helpful?
35+
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