illegal possession and adverse ownership
4 years ago
sir,my question is related to property.. i m from Calcutta.. but my mother has a land in Bihar..she has got this land as an ancestral property.. my mother has 6sisters. and they got equal ownership of land.
now, the situations are,
she has map of the land. tax paid certificates, transfer deed when she got the land from her father.. but there is twist. my mother's father died suddenly without making any will. so according to succession act, the land should be distributed by court as intestate. but the distribution occured by the other people from our village, upon which the sarpanch attested.
NOW, AT PRESENT, THE PROBLEM IS, one of my mother's sister made a house which also breach the boundary and came into our prop. they made the house 13-14 years back, and they have been living there since then. after surveying by the land surveyor, the refused to vacate my mother's land..
so the questions are,
will we be able to approach the court?
is the distribution deed admissable in court?
according to limitations act, the period of protest is 12 yrs but that is gone. basically they they adverse owners. so, will court accept this case?
and what other documents nare needed for executing this. note: the surveyor is the private surveyor.. we want a licensed surveyor, but some documents are missing..
so, plss advice me, what to do in this twisted case, as we want justice and not damages..
will be waiting for your reply.
You may approach Civil Court to get appropriate relief even Court may reopen earlier partition or family settlement.
Thanks.