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Dishonest encroachment of land by cosines
22-Sep-2023 (In Property Law)
Dear Sir, Almost 50 years back ,landed property was well divided among my father and 2 uncles. My father and also both my uncles are no more now.During the period, when they were surviving both uncles sold almost 65-70% stake of the their share of land. There is no document available to show that property were divided .All happened orally or may have been based on panchnama. We do not have evidence to show .Payment of rent of the land was made time to time jointly. Now, my cosines are claiming of shortfall in their stake of land and also encroaching land segment of my share forcefully and dishonestly falsely implicating me to have some more share. Please, advice us what to do. Regards.
The matter is critical one. Nevertheless, legally, your cousins can not claim excess to the share what they inherited from their ancestors . For proper and just opinion you need to sit with a good lawyer with all available documents/papers.
Helpful?
10+
10+
Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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aapka land sambandhi bahut hi purana mamla hai isliye aap Jana take sambhao ho sake document ke sath aap hamse phone par contact karke mere office par mile taking mai aapkesare documents ka or aapke pariwar ke bare me jankari hasil kar saku. taki mai aapko sahi rai de saku.
Helpful?
11+
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Adv. Rajneesh Kumar
Hajipur | 25+ Answers
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Dear Sir/mam,
In your case there is many points.
1. oral partition is valid if proved.
2. whether property is ancestral property or self purchased by your father and uncle.
3. If it an ancestral property genealogical table/tree is to be seen and their share respectively.
4. If property is self purchased by your father & uncle then sale deed/s will be seen.
secondly, the sale deed/s by which your uncle sold the property will be seen.
shares of all the coparceners of your family can be find by these documents and through sale deed/s by which your uncle sold the property we can find that he is already sold out their share.
there are some more things also i.e. we have to seen boundary in sale deed/s, registered-2.
So, for details i have to discuss with you in details.
In your case there is many points.
1. oral partition is valid if proved.
2. whether property is ancestral property or self purchased by your father and uncle.
3. If it an ancestral property genealogical table/tree is to be seen and their share respectively.
4. If property is self purchased by your father & uncle then sale deed/s will be seen.
secondly, the sale deed/s by which your uncle sold the property will be seen.
shares of all the coparceners of your family can be find by these documents and through sale deed/s by which your uncle sold the property we can find that he is already sold out their share.
there are some more things also i.e. we have to seen boundary in sale deed/s, registered-2.
So, for details i have to discuss with you in details.
Helpful?
21+
21+
Adv. Minu Sinha
Patna | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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