Inheritance of Agriculture land in Punjab without will after 20 Years

#1 Nov 18th, 2013, 00:28
Join Date:
Nov 2013
  • sunsparx is offline
Sir, my grandfather passed away suddenly in 94 without being able to bequeath agriculture land in punjab to his children all of whom are still there/grandchildren. Being in service I have been there only thrice since and came to know that the land is being tilled by a third person who after his demise in 2006, by his son. Earlier as per this theka system my grandfacther used to get some money and produce from this land, but all this suddenly came to an end with my grandfather's sudden demise. For the last 20 years we have not received any returns from the village from this tiller person. I am the only grandson(eldest too) who has taken interest in reclaiming this ancestral heritage for purely emotional compulsions, though the monetary value cannot be ignored. My other uncles aunts/ cousins have not expressed any interests in this venture or offered to help/visit the village though I suspect they will, if there are any easy gains. I have come to know from the village well wishers that the land was owned by my GF, but as on date I have absolutely no papers, conveyance deed/farhad. Though I have asked same well wishers like the Sarpanch and one friendly family to check the patwari records for the present position of title. How do I proceed to reclaim what is rightfully ours as I can see there are two possibilities one the land continues to be in my GF name or it isn't . Also then there is the question of the owings of theka from last 20 yrs.
#2 Nov 18th, 2013, 04:09
Join Date:
Oct 2004
Chennai, India
  • Nick-H is offline
There is a lot of general help available on this site, but, frankly, if there are any practising advocates among our members, they will sit and wait for you to go their offices and pay them for very specific and difficult issues of property law.

You need a professional.
#3 Nov 18th, 2013, 12:13
Join Date:
May 2010
Austin, Texas
  • professorm is offline
As per Nick, yes indeed, you need professional help. Proceed as follows.

1. Hire an attorney specializing in land disputes in the Tehsil where the land is located.

2. Ask the attorney to obtain "farads" for the land.

3. The farads will reveal whether the land is still in your grandfather's name.

4. If Yes, the land belongs to your family. You can do what you want to do with this land, however, taking "kabza" or control may not be easy. The tiller may be hard to evict! Prepare a long legal fight.

5. If No, your family does not own any land. You can ask the attorney to dig into ownership records in the Tehsildar's office. Your grandfather may have unknowingly sold the land to the tiller involving some fraudulent scheme.

Agricultural land is a valuable commodity in India. Before going any further, you need to know how many acres of land? It may not be worth your while if the amount of land is small and it is really small after division between the rightful heirs. Indeed, you can sell the land and divide the proceeds. No problem.

Your inquiries have no doubt alarmed the tiller. Now, you must worry about your physical safety if and when you visit your pind. There are numerous horror stories involving land fraud in Panjab.
#4 Nov 18th, 2013, 12:57
Join Date:
Jan 2004
  • NonIndianResident is offline
Does India have any squatters' rights? If the descendents of the grandfather haven't even looked in or asked for theka fees in the 20 years since their grandfather died, is it possible that the land rightfully belongs to the person who worked it?

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