Claiming My mother portion of land given to her in 1983 panchayat partition deed
11 months ago
Hi,
My mother(Hindu by religion and uneducated suffering from depression) who deceased in 2018 was given one acre of land in 1983 via partition deed. She was the fifth sibling with four elder brothers(3 deceased only one surviving). I did not know about this till few months ago.
Now checked with my only surviving mama and got a copy of the panchayat partition deed which has the details but there is no mention of the survey number or exact village where the land is located in the partition deed but only mentioning of close by area. But in RTC my 3rd mama fraudulently put his name as the owner for the part which has my mothers claim.
Now his sons are not willing to give back the land. This RTC was done without our consultation by the revenue department. Also my mother was suffering from depression and is uneducated to know these details. Can I file a suit in 2023 to get back the land will it stand ground in civil court? If any additional information is needed please provide the same.
Yes, you are entitled for the land given to your mother in the Panchayat partition provided you have sufficient documents and oral evidence. You may file a suit for declaration and recovery of possession if it is not in your possession.
Since it is an ancestral property, without the consent of legal heirs, the title of the property cannot be transferred. Even it is transferred fraudulently or by undue influence that comes to your notice at this belated stage, if the merit in your claim is proved before the Court that may vitiate the objection if raised under law of limitation,
Reach out to an Advocate for guidance and steps.
As per the information you have given it is advisable to you to reach out to an advocate for this matter as there are some limitation on time to institute a suit under limitation act .