Dead father's land used by his brothers. Does sons have claim in it?


My father left his house around 50 year back and moved to Delhi, and never visited to his home down (Agra). Now he is no more. His land is being used by their borther.

As a son can we have rights on that land? We are suffering from very bad financial conditions and need urgent legal help.

Answers (1)


93 votes

Of course, you can file a suit for permanent injunction and possession of the said land / property but before filing any case you should inquire the concerned corporation office as to what all documents your uncle has presented on the basis of which he is enjoying peaceful rights of the property.

Your rights to the said land depends on the legal ownership of the same in the concerned corporation office. In case the rights have been transferred to your father's brother, he is legally entitled to enjoy all the rights attached to it. If the property is in the name of your father, you can claim your rights to the same transferred to you by heredity.

We also need clarity on whether this land is an ancestral land or a self acquired property of your father to provide you with further details and advice.


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