Claim to property after the death of father
29-Aug-2023 (In Property Law)
My uncle has been living in part of land on which we have two seperate houses, but it is under my grandfatjers name, so we pay alternate tax each year now, he's not good to us, has fought a lot with my family and has caused a lot of trouble to us. I believe my father built the entire house with his own money as he was the most educated and had a decent job abroad. My father passed away few years back and this uncle's wife came to us and asked for my father's death certificate which I refused to give, as I suspect they want to cheat us of our land, so now I'm thinking to drive them away from the land for good, but we don't own the land yet, it is still government land , we have yet to purchase it. My father has however left a power of attorney document giving my mother the rights , in the document it is clearly stated that my father is owner of the entire home and that he resides in part of it. I want to file a case against my uncle, what are steps I need to take?
1. It is not clear if the land is ancestral property, or if your grandfather has left a will. If not it will be owned by all the legal heirs. Then all the children and grandchildren will get a share.
2. Not clear what you mean by saying that the land is government land and it has not been purchased.
3.The power of attorney given by your father to your mother is valid only during his lifetime and not after his death and might not be relevant for this purpose. You will have to approach a lawyer in light of the above and decide on the next steps.
2. Not clear what you mean by saying that the land is government land and it has not been purchased.
3.The power of attorney given by your father to your mother is valid only during his lifetime and not after his death and might not be relevant for this purpose. You will have to approach a lawyer in light of the above and decide on the next steps.
Before you proceed first ensure that the land belongs to your father and then only you can drive away your uncle . From what you have stated it appears that you are illegally occupying government land .
1. you didn't say clearly about the type of land i.e Poramboke, or Natham etc., Also you should have stated how long you been there.
2. First you have to get patta of the land for the whole extent. In case of Natham land you can apply for a Natham Patta with the documents you possess or otherwise you need to get the ownership of the land by the way of adverse possession.
2. First you have to get patta of the land for the whole extent. In case of Natham land you can apply for a Natham Patta with the documents you possess or otherwise you need to get the ownership of the land by the way of adverse possession.
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