Needs legal advice urgently
Dear Sir,
Here i want to discuss with you one of my fathers dispute in property purchased by him.
In the year 1990 my father purchased a plot of 4 acres in kolkata. But he was not so much educated at that time. He approached his elder brother to go through the property papers. His elder brother (Mr.RDK) told my father (Mr.Rk)to sign in the second applicant area and Mr. RDk singed in first applicant area. However my father paid the total amount of that plot.
As Mr. RDK was residing in a different area in kolkata. My father Mr. Rk decides to settled down in that 4 acres plot. Till then from 1990 to 2014 we were residing there paying all the taxes and maintainence, developing that plot for several years. We made a 2 storeys building on 2 acres and 2 acres is still vacant, where we planned to make a garden and parking slot. But now Mr. RDk’s son is claming for the 2 acres as he is saying that his father has given him power of attorny and now he can claim for his father’s property.
Kindly give me a suggestion as soon as possible. I am very much worried for my family as I am staying far away from my kolkata.
Few questions I want to ask.
1. what if someone staying there for 24 years, does not have any right of it, inspite of paying the total property cost?
2.What documents are needed to show the ownership of the total 4acres plot.
Email Id: (avishekkarmakar.9[at-the-rate-of]gmail[dot]com
) Mb:8688841745
1 Reply
Dear friend,
If your family is in possession of the entire plot and it is duly demarcated, then you should have no worries. If the other party uses force, you may approach police as well court. In case other party goes to court, be ready with evidence that your dad paid the entire consideration amount and your family is in continued possession of property since 1990. You may be declared as either actual owner of property or owner by adverse possession depending on the merits of your case. Even otherwise it will take years for a judgment on the issue. So no worries.
If you wish to file a case then you can ask for declaration of title, but ideally you should not initiate litigation.
Anoop
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