I want legal advice in writing to differentiate between two judgements given by JK High Court on similar issues. One more appeal was dismissed by Jk High court and upheld the decision of lower court but the respondents didn’t apply for getting possession of land for which resumption under 7(2) was granted to them in 2004. Is it possible to take possession of land after fifteen years? The judgement was challenged in an appeal before four forums and lastly upheld by JK High court in 2007. Please advise whether this is covered by limitation Act as they now applied with Tehsildar to provide them possession of said land so resumed by them in 2004.
Property Law
Owner does not returning money in agreement of sale
My father purchased 2 and a half acres of agricultural land in our village and had an unregistered agreement of sale from the seller last year in the month of Feb 2020 and upon Contract, we have given them 10.5L Rupees as an advance amount. The sellers are 7 brothers and out of the six members in need of money and sold the land through contract. The one elder brother did not sell his part of the land but was given permission to sell their share of land (this is seven brothers’ joint property). However, In contact, they had a time period of 5 months for the execution of the sale deed. That did not happen due to covid-19 lockdown (as they said).
In the meantime unfortunately the elder brother has died and his sons started opposing it. Previously they had sold the land for which they did not receive their share of the money which they claim. Now they have filed a civil suit which claims this whole land belongs to them. Moreover, their father did not raise this concern at the time of agreement (It is a fake case just for enmity).
So we keep asking them for the execution of the sale deed but they are giving false promises, Please provide us the suggestion on what we can do now.
Someone threatens to demolish our property
Someone threatens to demolish our property which is in possession for 50 years. There was a plot of 22 decimal, in which my father got ownership of 20 decimal. 2 decimals. plot couldn’t be written to anyone (might by mistake). But still in our possession since then.
In land survey of Bihar, (approximately in 1973), a separate plot of 18 decimal carved out from 20 decimal exhibited plot -A (our possession)). Remaining 2 decimal (out of 20) and other 2 decimal (that couldn’t be written) got merged to a different plot (say it plot B). Plot B doesn’t even belong to any of my ancestor even. It belongs to a person of different caste. Plot B is of 10 decimals. Four decimals in our possession and 6 decimals in owner of B possession.
Since death of my father in 2010, he started claiming this four decimals land, and now in 2021 he wants to demolish structures in it.
Question:
Is it possible to recover all 4 decimal that has been merged to plot B.
Can he demolish it legally? What action should I take on owner of land B, if he demolishes my structures in 4 decimals that is in our possession since 50 yrs.
Cheated by builder by not giving possession of land from eight years
I had purchased the property eight years back in Lucknow and did the registry in 2013. The builder still is not giving the possession of the land from the last eight years. He is cheating and not willing to transfer the possession of the land. I have a registered sale deed. What can I do in this case?
Stepmother took possession over the entire property
My father has solemnised second marriage after my mother’s death. Stepmother took possession over the entire property. I am the only son. After my father’s death, the stepmother is getting family pension but threatening to file case for maintenance. Actually she wants to evict me from the property. She is also keeping the rents of commercial shops. I want to know whether my stepmother have right in my father property?
Period of limitation in cancellation of the sale deed
I want to know the limitation period in cancellation of the sale deed. My uncle has sold my land when I was a minor. He played fraud and dishonestly shown me major in the sale deed. In February 2020 this fact revealed and I came to know that my uncle has sold my land to his daughter. He made a forged sign of mine in the sale deed. I have certified copy of that sale deed. What should I do sir?
Correction of name in land records
I want correction of name in land records. All the lands devolved upon my father after my grandfather’s death. Some khatauni are bearing the incomplete name of my father. I want to correct those. Kindly advise me what I should do for the same?
Bank has sold land of scheduled caste without the permission of collector
The bank has sold the agricultural land of scheduled caste without earlier written permission of the collector. The official permission of the collector is required for the selling of land belongs to scheduled caste.
I belong to the scheduled caste, and the bank sold my land in public auction to a person other than scheduled caste. I secured a loan from the bank by mortgaging my agriculture land. However, I regularly paid the instalments but due to some financial crisis, it has been unpaid.
The bank released a notice for repayment of the whole outstanding amount, but I was not in a position to pay the same. Consequently, the bank initiated the action under the SARFAESI Act. Ultimately, the bank sold my land to a person not belonging to schedule caste.
The purchases took possession over the land and got a mutation in his favour. I want to challenge the whole proceeding because written permission of the collector is mandatory for selling of SC’s land. Please suggest.
Second application for temporary injunction: legal advice
Can I file a second application for temporary injunction? My land is situated in the main market and it has value rupees nine crores. Some influential and powerful men are eying on my land and gradually encroaching thereupon. I applied for a temporary injunction which is still pending. Now they are parking their vehicle in my land. So I need to file a subsequent application for preventing these acts.
Does unregistered sale deed have any legal validity?
Sir, we are three in our family (my mother and sister). We don’t have a father. For my sister’s marriage, we need money so we planned to sell our land. But we are willing to sell only a small area of land. Now brokers and buyer pressured, compelled us to give more area of land, but we are not willing for my sister’s marriage.
We accepted that people’s deal they made unregistered sale deed. They gave 15 lacs now we said it is enough for us. We don’t want more money and also we don’t give more land for you but they threaten us to give more land or otherwise we will put suit against you, with the unregistered sale deed. Please give suggestions sir.
I want to correct the name in Khatauni
Sir, I want to correct the name in Khatauni. The name of my father is Nasir Ahmed Khan, but only Nasir is written in the Khatauni. Therefore my father has not been getting the benefit of government schemes. How to get a correction in the land record? Asked from: Uttar...
My sisters want to partition in the ancestral property
My father received some ancestral property from my grandfather. The property is purely ancestral because my grandfather got it from his father. My father died in 1997 by leaving four sons and three daughters. I am the elder son of my father. I am an engineer and working with the NTPC.
After the death of my father, I somehow arranged the marriage of sisters. Now the sisters are claiming to share in the property which we received from the father. As per my knowledge about the share of a daughter in the ancestral property is that they are not entitled. Sir, please help us to provide proper advice on this matter. We will be grateful to you.
Construction of house
Question: My late mother (Hindu, d. 2013) has three surviving legal heirs – her widower husband (my father), her unmarried elder son (my brother), and myself (unmarried younger son); all Hindu. There’s a piece of non-agricultural land (meant for the house) registered in her name. Legal heir document is available in the name of us three.
Can we construct a residential house on it?
Is the transfer of title of the land (mutation) mandatory before initiating construction?
Who needs to apply for building plan approval before the civic authority among us three?
In whose name Electricity, Water etc. connections need to be applied?
House once constructed, in whose name will it be, who’ll be its owner
Wife is threatening to take my flat
I am the owner of a flat purchased it before the marriage. My father is the co-owner in that property, and he also paid some amount in the purchase of the flat. The instalments of the EMI is about to complete. My father has relinquished his share in the property by making a gift of his share. Now there is some dispute with my wife, and she is threatening to take this flat. Whether my wife has any right in the flat? Could she claim partition of the flat on divorce? We are Hindu, and our marriage is an arranged marriage.
Land record shows my land as inalienable
Hi, My father purchased land in Madhugiri district five years back. The issue is the land record show inalienable for 15 years, but the same was in landlord records for many years, so he got permission and then registered. He told that new records would not have “inalienable”, but it is still there. Please guide how can remove it.