We have an ancestral property in Goa which belonged to our Grandfather since 1936. We are occupants of the land. There are no property papers to show that it belonged to our Grandfather but just his initials and date on the house beam. He had 4 sons. Form III and Form I&XIV has names of only 2 sons as the other 2 sons were employed in Military Services in
Bombay at the time of Land Survey. All 4 sons shared the house on the property through mutual understanding. In 1976 and 1979, my father had approached the Panchayat to get a separate house number but nothing materialised. He also tried to divide the property through a lawyer but no one agreed to sign. Though we lived in Mumbai, my brother and sister continued to stay in Goa. My Father passed away in 1991. Due to poor financial condition, my brother was unable to pursue the matter in court. After 2004, my cousin sister occupied our
room, in the ancestral house, without our permission. In 2011, my cousin brother applied for Inventory Proceedings which was disposed in 2019 with remedy to file suit for declaration of
Title and then division because there was no proof that the property belonged to our Grandfather. Now in 2020, the other uncles’s son has filed a suit for settlement of property as per Form I&XIV and we have no been included as my Father’s name does not appear in the mutation record.
During Interrogation for Inventory Proceedings, the same cousin had agreed that because we are heirs, he had sent notice for adding his name in the mutation by deleting his late father’s name. We have a letter of 1989 from his mother inviting my father to come to Goa to divide the property between the 4 brothers. In the mutation file, we have 4 objection letters from the other co-occupants stating that though only 2 names appear in the mutation, there are 2 other
sons who also have equal right over the property. There is also an Affidavit from the same cousin’s mother stating that are other co-owners whose whereabouts are not known.
Form I&XIV is just for Revenue purpose and cannot be used to prove ownership. There is also a bylaw which states that “possession of a property belonging to several co-sharers by
one co-sharer shall be deemed that he possesses the property on behalf of the other cosharers unless there has been a clear ouster by denying the title of other co-sharers and mutation in the revenue records in the name of one co-sharer would not amount to ouster unless there is a clear declaration that title of the other co-sharers was denied.”
We want to file an objection to the suit for settlement of property as per Form I&XIV. No lawyers are willing to take up our case because we do not have any document in the name of
our grandfather to prove that the property belonged to him. But since we are occupants of the property, there is no Sale deed. We need help.
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