Property Cases

Government acquiring land on adverse possession

I am the owner of the land of about 30 acres. My name is mentioned in all the revenue record since the past 50 years. Nashik municipality is trying to acquire my land for construction of shopping mall but does not want to initiate acquisition procedure.

It claims my land to its property on the ground of adverse possession. It claims that the municipality has been in possession on the land from the last 10 years based on a road which was constructed along with my land by the municipality in the year 2004. I have filed a complaint in the office of the collector but he is also reluctant to do anything. Please suggest me any legal procedure to save my land.

Selling of bungalow situated in cantonment area

My great grandfather constructed a bungalow over 6 acres of land. This land was granted to him by the then commander-in-chief of the Indian army. This land comes under cantonment area of Lucknow, This bungalow was erected in the year 1892 and right now the market value of this property is about 29 crore. My father wants to sell this bungalow, but cantonment board objected and filed a case against him. We are the owner of the land because we have been living in the home since the year 1892.

Tenant denied title and ownership of landlord

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Sir my tenant has filed a civil suit in the court of senior division Bhatinda. He claimed that he got interested in the property during the tenancy. I am NRI and used to visit India 4-5 times in a year. I never alienated my property to anyone. He filed that suit after my receiving notice to vacate my house. I have been issuing rent receipt in each month.

He had been paying rent for the last 6 years but after the notice, past 7 months, he refused to pay rent and he filed this false case. I want to construct a hotel on the land so I need this property for my personal necessity. Please advise.

Bank initiating process of auction

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Sir, my son has taken a loan from Bank of Baroda and he failed to repayment so the bank is now initiating proceeding against me for recovery of the loan. I was the guarantor of the loan. I am 65 years old and this is my one and only house. Bank filed a case before DRT. Now recovery officer came to my home and said that your house shall be auctioned in next month.

I am very afraid and want to save my home. How can I liable for the repayment of loan because I was the only guarantor? Is there any provision to stop this auction process and settle the loan with the bank?

Mutation is pending due to fraud

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Dear Sir, My Father has bought a sellable area or Land 2 years back. My Father has all the documents like sale deed number and he has all the registered documents received from Court. He has requested for Mutation in Block office in Jan or Feb 2015.

After sometimes someone able to manage some fraud papers without any sale deed or any relevant documents and he approached to CO. Because of this issue mutation is still pending.

Now my question:- Is it possible for someone to take my property without showing any sale deed or by showing fraud written letter in which no sale deed number available? What action should we take against them? Thanks

widow mother’s share

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What is the widow mother’s share in the property? I am a widow who has recently lost my only son due to cardiac arrest. My daughter in law is not ready to share the compensation provided by my son’s company (Approx. 45 lacs). I have no source of income. Both my daughters are married. I had sold some of the property bought by my late husband to purchase a flat in which my son & I was residing.

The flat is registered in my & my son’s name & it was bought before his marriage. My son did not have any children. My son’s wife is an engineer & is drawing a very good salary. Also, she will be remarrying. There is a Home Loan of 30 lacs which needs to be repaid. She is claiming a share in the flat too. Please advise what will be my share in my son’s settlement dues & also in the flat.

Correction in revenue record

Name missing in the new land record (Jamabandi). We had land in Village: Pilani, Tesh: Kalanaur, Dist: Rohtak, Haryana. I want to get a correction in the revenue record. The property is in the name of my Grandfather (Prabhu). We had total land in three different khewat/khatoni, but the issue is that out of these 3-numbers my Grandfather name was missed form one khewat/khatoni number during record updated from Urdu to Hindi in 1958-59. I checked my Grandfather name was available till revision 1943-44 record.

Wife’s right in joint family property

Does a wife have any right in joint family property? I am a helpless lady. My husband refused me without any reason. My marital home situated at Vardaman. What is the law regarding the right of a woman in marital property?  “Hindu law does not grant any right to...

Right to property under article 300 A

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Whether the right to property is a fundamental right under the constitution of India? The state government has acquired my land and does not giving fair price to my land as a compensation under the land acquisition act. Can I file a case before the supreme court for protection of my fundamental right?

lease and licence

To ascertain whether a document creates a lease and licence, the substance of the material must be preferred to the form. Whether they intended to create a lease of a licence. If the document creates an interest in the property, it is a lease; but if it only permits...