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Mutation and division/demarcation/ in Mumbai occupied by my cousins.


05-Feb-2023 (In Property Law)
My father a jain bought land in his name and added 4 names during registration and they were also partners in a firm. 3 partners sold their share in land and firm separately to my father whose share became 94% and his brothers 6%.After few years 1 more uncle joined firm but was not given share in land. My father was made to leave firm for a small amount and land under threat of violence. The land stands in my father's name and 4 original partners in land records. I have power of attorney of 3 partners. My uncles children have got it written on the property cards that partners of firm are owners of land too. I have original land documents and my father never signed any transfer documents or any will. My father died 25 years ago. Repeated requests to my cousins to get mutation done has fallen on deaf years. The firm's profits were ascertained after deduction of rent of land. Can I demand rent for the past 40years for 94% land till we reach a settlement and how should I go about it.
Answers (2)

Answer #1
699 votes
First you will have to file civil suit claiming that property to be yours as the opposite party had it in their possession for last 40 years. And as there was no lease agreement you can not demand rent for past 40 years.

Answer #2
886 votes
Buyer must be aware. Ignorance of law is not excuses in the eyes of law. You can recovered the amount from the 2 partner along with interest. The recovery of rent depend up on many factors for that u need to take professional help from expert.

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