Usha Patel (na) 28 April 2012

Transfer land to legal heirs name procedure and issues

Hi,

1) My grandfather had bought land in 1951. And he passed away in 2011 and now we are under the procedure of changing it to our name as his legal heirs. At the time of initiating the procedure we were not aware of some details. My grandfather had made 'BANAKHAT" for the parts of our land to 2 different people in the year 1956. He wrote it on Re 1/- stamp paper. And it says that they bought land in installments and upon full payment my grandfather will transfer it to their names. Same letter or any where else it don't say that he has received full payment. FYI: My grandfather kept very good record of documents. I still have original sale deed from 1951 when he bought this land. Now based on this 'BANAKHAT" these people have raised objection. And currently our transfer procedure is put on hold and it is declared 'TAKRARI'/ DISPUTED LAND.

My questions below:

1) How strong is this 'BANAKHAT" if we have to fight?

2) Is there no statute of limitation to 'BANAKHAT"?

2) How long does it take, since we will fight in mamlatdar/tehsildhar's office? Not, in district court!

Please, if someone can help me with my questions.

Thanks in advance!

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3 Replies

bhagwat patil (Property due diligence 9422773303) 30 April 2012

They have no right at all. It is the conspiracy of revenue people and some antisocial elements, take all the papers to DM.he will sort out the problem.

JANAK RAJ VATSA (ADVOCATE) 30 April 2012

you have been enjoying the property since 1951. so they would have no say. raise the level and complaint against the tehsildar office staff who may be playing the mischief for petty gains

S Jadhav 98336 98330 (Jadhav & Associates) 07 May 2012

The Bayanakhat is of no value. As r. Patil and Mr. Vatsa have pointed out it is just an issue created by some persons.

As per law, you have enjoyed the property since 1951. You may have the assesment records with you showing that you have been paying assessment, cultivating the land and in actual occupation.

Please approach the Tahsildar or DM and your problem should be resolved.

S Jadhav