Property Law

Ancestral property

Mar 3, 2016 |

My grandfather had purchased 18 acres of agricultural land and owned one house. He expired in 1969 leaving behind one son (my father) and one daughter. My father’s sister got married in 1943 and she had one daughter (born in 1944).

My grandmother expired in 1974. my father’s sister expired in 2002. My father’s sisters daughter got married in 1971. My father has expired in 2014. now my father’s sisters daughter is asking for a share in my grandfather’s property. Is she eligible & if so what would be her share?

Land acquired by collector

Feb 2, 2016 |

I am a resident of a district dominated by tribals in Maharashtra. My grandfather purchased land from a tribal member on consideration in the year 1963. We have been on possession of the land till the year 1982 but a collector of our district sent a notice for acquisition of that land and acquired it without giving a due price of the land and without our permission. No other tribal is ready to buy this from the government so I filed a case for regaining of it from the government. My request is rejected by the collector and that property vested in the government. What should I do for getting it back?

Waqf property

Nov 9, 2015 |

There is a waqf property which is rented on Rs 5 per month to Moulana ******* Tenant want to take absolute possession over the rented property. In this course, he attempted on many forged documents but ultimately he fails. He filed a case before the waqf tribunal for the title of the property. I filed a case before waqf tribunal for his eviction. The case is admitted by the tribunal but my case is dismissed on the ground that tribunal has no jurisdiction to hear this case. Both cases are in respect of same property but one is accepted ant other is rejected, I want to file a writ before the High Court please suggest. Thanks in advance to all judges and lawyers.

Property Right of son in dayabhaga

Nov 7, 2015 |

Sir, I want to know what is the property right of a son in dayabhaga? My father received 150 decimal land from my grandfather and he is refusing to give me a share in that property. He wants to give this ancestral property to his son of 2nd marriage, therefore, I am living separately from my joint family property. Please let me know the law regarding my right or interest in dayabhaga ancestral property or joint family property?

Fabrication in revenue record by revenue officers

Nov 3, 2015 |

Our land records are fabricated by the revenue officers for providing illegal relief to some persons who have more than 18 acres of lands. When I examined my revenue record on taluka by giving application for duplicate record of my lands, that officer was trying to delay my application.

He said that there are no such records but after persuasion of this matter he showed my revenue records. My all the records are now replaced by some other persons. Records show that I have grant sublease to them for an uncertain period.

When I shared this fact to my neighbours they are also examined their revenue record and they found that there is Fabrication in revenue record by revenue officers. Now we want to initiate legal proceeding against them. What legal step should be taken by us?

Government acquiring land on adverse possession

Oct 27, 2015 |

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

Oct 4, 2015 |

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.

Bank initiating process of auction

Sep 27, 2015 | ,

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?

Neighbour causing nuisance in my property

Sep 26, 2015 |

Respected Sir / Madam, I have s strange problem due to my neighbours as they keep hammering out our flat with a hammer and same has been done for the last 3 years. I have made NC to the local police station along with NC for the last 3 years I am also having Video record clearly showing the hammer outside my house and on various occasion, I got a recording with me.

Local Police of Borivali west is not able to take FIR not any action because the family has got some political pull with them. I have got various NC for past years and video recording with me on various occasion. also, my parents both are sr. citizen. 

I want to know any strong action is possible from Court order as the local police have no say in this as per them this is a small issue. My parents are really tired of this for the past few years. All this is been done so that we agree to there terms of redevelopment and agree to the builder they want to hire. Thanking you and Regards.

Mutation is pending due to fraud

Sep 20, 2015 | ,

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

Recovery of loan from maternal grandfather

Sep 13, 2015 |

Hi Sir, My maternal grandfather has just expired. He had taken some money from us to pay his debts against some interest. Though he could partially pay back the money majority of the money is still not clear. I have three uncles (only one is married) and 5 aunties (all are married). My grandfather had 5 brothers.

Recently their family division has taken place and there’s a significant property in his name. My uncles are not ready to pay back the money. They are blackmailing us that they would pay back the money by transferring some property to us provided my mother signs with the family settlement. Apparently, there is no will signed by my grandfather. I just want to know that should we file a suit of partition and will that survive in the court.

Part of house cannot be acquired under land acquisition act

Sep 4, 2015 |

Dear Sir In a land acquisition process I will lose my 15 decimal lands with some part of my home. A part of the house is acquired under the land acquisition act. What is the compensation calculated towards my home? Whether govt will pay full compensation of my home or partial part of my building?

widow mother’s share

Sep 2, 2015 | ,

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

Aug 26, 2015 |

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.

Right to property under article 300 A

Mar 21, 2015 | ,

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?