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Ancestral property in U.P. under dispute but cousins are threatening.


29-Sep-2023 (In Property Law)

My grand father had two sons ,my father is younger son.My uncle expired a few years ago.We have ancestral agricultural lands in our village in U.P.We are two brothers and two cousins.Land is in the individual names of all of us including me ,my brother and two cousins.It was apportioned and named during land consolidation itself 35 years back.No dispute or litigation till today regarding the land and its location.We were not at village for long time and with our father away from village.Now once we want our property back my cousins have started saying that there should be reallocation of land. What action possible?

Answers (3)

Answer #1
517 votes
As there was no official partition of the land between the family and the khasra and the khatuni had the entry of the names but mentioning the total land area. Hence a partition suit need to be filed in the court of the magistrate. the toal land will be officially divided between all the four brothers, however who takes which part of the land need to be mutually discussed.
Answer #2
773 votes
Once land allocated in consolidation proceedings, and consolidation proceedings became final unless fresh
consolidation proceedings are commenced. Therefore injunction to restrain trom interfering with your possession may be filed provided you are in possession. In case possession is not there then relief for possession will be necessary. It will have to be examinef whether declaration as bhumidhar is neefed then suit under sec. 229B may have to be filed before revenue court.
Answer #3
860 votes
You need to file eviction and declaration suit if your cousins have occupied your land..but beforehand check whether that land is still under your title..if yes then file a civil suit for eviction..and for declaration of your ownership..

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