What legal steps should we take to protect our property rights?
Sir, in 2001, a partition deed was registered between my father and his four brothers. Due to a lack of knowledge regarding survey numbers, there was a mistake in the deed concerning the survey numbers. We have two survey numbers, 275 and 277. Survey number 275 is registered under my father’s name for 48 gunthas, but my father only has possession of 12 gunthas. However, my father has been in possession of survey number 277, where our house has been located for the last 30 years. Others are facing similar issues regarding possession and registration on different survey numbers. Now, three of my uncles are planning to exchange their lands through a sale deed and change the boundaries without our consent. If they establish possession through the new sale deed, we could lose the land that we have been possessing, including the house and land that is under my father’s name in the partition deed, as they have been in possession of it for the last 30 years. What steps should we take in this situation?
Since there is documented proof of the partition deed from 2001 and your father has been in continuous possession of survey number 277 for over 30 years (adverse possession), your family has a strong legal claim, and you should immediately file a civil suit to prevent your uncles from executing any sale deeds that could affect your interests. In the meantime, you should also file a caveat petition in the local civil court and the Sub-Registrar's office to ensure you receive notice of any property transactions involving these survey numbers, and gather evidence of your family's long-term possession including tax receipts, utility bills, and witness statements.
File a suit for declaration and injunction to establish your father's ownership and possession of the land under survey number 277, including your house, and to prevent your uncles from altering boundaries or selling the property without consent. Simultaneously, seek correction of the survey numbers in the partition deed to reflect actual possession and ownership. Consult a property lawyer promptly to safeguard your rights.
Sir, legal notice can be sent to your uncles with a limitation period of 12 years to claim possession under adverse possession, if applicable. Additionally, you should file an application for corrections in the survey number at the Registrar Office of the Revenue Department in your local area. It is advised to consult an expert lawyer who will assist you with best course of action. For further legal assistance contact us on our helpline number.
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