My aunt and their husband, did property division without my presence, and made title deed. Now I suspect they encroached into our land!!!

Community Forums Legal Advice India My aunt and their husband, did property division without my presence, and made title deed. Now I suspect they encroached into our land!!!

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    • #10803 Reply
      Bravepanther6938
      Participant
        B
        Bravepanther6938
        PARTICIPANT
        April 21, 2025 at 9:50 am
        My grandfather has two children, and my father and his sister. He has a plot.He wrote a will and gave my father one half and other half to his sister.

        After my fathers sudden demise, the will was renewed by them. (No changes in will).
        After months later grandfather also died and in 3 months they started to map the land and get title deed in their share of property (which is ok)
        But they didn’t invite or told about the mapping, and they just called their surveyer and he surveyed with a tape. Which is suspicious (today, computer survey is more accurate )
        And they surveyed without calling me and they have made title deed with village office for both of us, without my consent or informing me about the mapping.
        And they have even paid taxes for even my property.

        Later I visited my Father’s home and found that the boundary set by them is different, than my father had told me earlier, and they have twisted some curves and boundary here and there to benefit them.

        It was only when I realized their malicious intentions. I had very respect for my aunt she was taking advantage of my fathers demise. She even took grandfather’s money in bank account with a thumb impression when my grandfather was dying.

        For full one year i was in grief, so I didn’t think another thing but my father.

        Later i came to know all of these. The land mapping was done 1 year ago and 3 months ago they have paid taxes to the new title deed.
        I’m planning to do a complete resurvey with computer mapping, and prove the boundaries are wrongly assigned.
        Can i challenge with court or village office if the have not obeyed the will and boundaries in will?
        What are the legal implications if they have made a title deed in their name, can it be revoked?
        How this dispute affect the land?

      • #10807 Reply
        Ashishmaster940
        Participant
          A
          Ashishmaster940
          PARTICIPANT
          April 21, 2025 at 10:19 am
          Will can’t be renewed after death. File a probate petition for the will.

          File an FIR for bank account.ย 

          • #10810 Reply
            Bravepanther6938
            Participant
              B
              Bravepanther6938
              OP
              April 21, 2025 at 10:23 am
              Will was renewed after my Father’s death but, grandfather was alive. So grandfather renewed the will and gave my Father’s properties to me, brother and my mother.

              • #10813 Reply
                Ashishmaster940
                Participant
                  A
                  Ashishmaster940
                  PARTICIPANT
                  April 21, 2025 at 10:28 am
                  In that case. File a probate petition.ย 

                  • #10814 Reply
                    Primethinker8015
                    Participant
                      P
                      Primethinker8015
                      PARTICIPANT
                      April 21, 2025 at 11:09 am
                      The aunt has already filed for probate and has taken the property under her possession. The OP is suspicious that the aunt has taken advantage and has set boundaries that were not there and has encroached upon OP’s land which he co ownes with his sibling and mother.

              • #10806 Reply
                Primethinker8015
                Participant
                  P
                  Primethinker8015
                  PARTICIPANT
                  April 21, 2025 at 11:06 am
                  Taking such land issues to the court is futile in most of the cases. You will have to pay at each level. Even the revenue department officials will ask for a cut and the whole process is draining and will take years. Eventually it will not be worth the hassle.
                  Still you can get the land resurveyed for finding out any discrepancy. Taking the matter to the court is up to you and depends on which state you belong to.

                  • #10809 Reply
                    Bravepanther6938
                    Participant
                      B
                      Bravepanther6938
                      OP
                      April 21, 2025 at 4:03 pm
                      Will the land altogether (both aunt’s and father’s )get stuck in the legal system, (like nobody can do nothing sale, etc) if measuring discrepancies are found and i filed a complaint?

                  • #10805 Reply
                    Silentgagan1512
                    Participant
                      S
                      Silentgagan1512
                      PARTICIPANT
                      April 21, 2025 at 5:42 pm
                      Give a complaint in written letter to land survey officer/ superintendant to block( freeze) their land and your land . After that both of you wont be able to pay tax and sell property until the problem is solved . Dont take it to court .

                      • #10808 Reply
                        Bravepanther6938
                        Participant
                          B
                          Bravepanther6938
                          OP
                          April 22, 2025 at 11:57 am
                          Normally how much time it take to resolve this issues through land survey officer?.
                          Can i do construction in my share, like i want to build a new house inplace of old even the property is freezed? How will it affect selling?
                          What’s the difference if i go to court vs land survey officer.

                          • #10812 Reply
                            Silentgagan1512
                            Participant
                              S
                              Silentgagan1512
                              PARTICIPANT
                              April 22, 2025 at 12:57 pm
                              no you cant build any building . Actually i have same issue with my neighbouring land . They encroached my land and made documents with the encroached area

                            • #10811 Reply
                              Silentgagan1512
                              Participant
                                S
                                Silentgagan1512
                                PARTICIPANT
                                April 22, 2025 at 12:58 pm
                                if you go through court , it can take many years . i contacted a lawyer whom i know personally for my land problem . He told that it is not advisable to go through court

                          • #10804 Reply
                            Simranhawk952
                            Participant
                              S
                              Simranhawk952
                              PARTICIPANT
                              April 21, 2025 at 5:53 pm
                              Settle internally within family. Courts are a waste of time and money. You’ll spend your entire life running in court without results.

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