Ownership of land as a cause of family dispute

One of my uncle (father's brother) was absconding for last 30 years and now treated as dead. my two uncles (father's brothers) have got the land registered in their own name, which was in their name jointly with the absconding brother of my father. however, mutation not done yet. for this purpose, they have furnished fraud affidavits / witnesses. they even did not disclose that they have five sisters and two more brothers to avoid sharing the land with them. now my query is :

(1) what legal remedy is available with me? should i file suit for partition for the land in question? (2) what is the appropriate forum - district court or dy. commissioner of the district? (3) or should i move application before tehsildar court? (4) what can be done so that they (my father’s brother) do not become lawful owner of the land, and the land is shared among all brothers and sisters of my father? the land in question is agricultural and is located in ambala, haryana.

Answers (1)

415 votes
Who is the original owner of this land? Was a legal recognition of your uncle's death obtained from a court of law? Is the land urban or rural? The answers to these questions are germane to decide the legal recourse to be adopted. Partition through the process of court can be sought if you are able to establish your right in this property.

The antecedent title of the property has to be ascertained in this regard. If fraud affidavits have been furnished then you may oppose mutation in accordance with the law. If the property belonged to your grand father then you are an equal share holder therein, in which scenario you can file for partition. The proper forum for filing it can be decided only after the nature of land is known.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
18 years Experience

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles