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What to do if their is a land dispute


02-Jun-2023 (In Civil Law)
Hello sir/madam, our ancestral property was in the name of my grandfather, which before his demise was not given by him to my father but automatically passed to all siblings (my father and 5 sisters) equally. My father along with mother and me and my brother used to live in Jharkhand due to my father's job. My father registered the land to his name in 2008 from the sisters who gave their consent at that time. After the land come to my father's name he built a house in that land and after his retirement we decided to settle here. Previously, three of the five sisters used to live here(one married with her husband and two unmarried sisters). After we shifted here, they started to create problem for us in innumerable ways and they are now asking their share of the land back. Can they ask for their share now? What steps should my father take to prevent this from happening? My father has been providing them household money for the past 50 years.
Answers (2)

Answer #1
508 votes
If your father's sisters gave NOC at the time of registration the land to your father's name then your father's sisters are not claim on this property. And without detail discussion proper consult is not possible.

Answer #2
575 votes
Since the property previously belonged to your father and four aunts jointly, as it could be understood, the aunts in 2008 made a registered gift deed/ sale deed in your father's name. Hence from 2008 your father became the absolute owner of the property and your aunts or any other else does not have any right in the property. They cannot claim or are not entitled to any share in the property, whether they shall be given back the share that can be decided by your father only and no body else, nobody cannot put any pressure upon him as well. However, since now they are in possession and disturb you in any manner, you can send a lawyer's notice asking them to vacate the property and they should be addressed by the lawyer in he notice to be trespassers, and thereafter they can be evicted by a suit for eviction of trespassers. Many of my clients have received relief this way. All the best. Regards

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