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harish hari   17 April 2023 at 23:50

Old owner lost the case and filed a new case with others

PLEASE SHOW SOME PATIENCE READING THIS POST AS I HAVE EXPLAINED IN BRIEF FOR BETTER UNDERSTANDING WHICH WILL BE HELPFUL FOR EXPERTS TO TAKE CORRECT DECISION.

i explained  the problem in breif. for more understanding i will try to  give more clarification by explaining in points . i changed the names for privacy .

1.Th actual owner in 1965 lets call him ( old owner).  he has 2.5 acres of land. so in 1965 he sold the enitre land to different persons by dividing the land into portions. the entire land has survey numbers as 120, 121 and 123( i changed the suvery numbers for privacy here). as  it was a combined land  and it is in 1965 the revenue recored were not digitalized and enter manually..

2.lets come to dispue land. in 1965 the old owner sold the portion of the land  "BUYER A" which is now in dispute. in 1965 he wrote the sale deed in an unregistered sale deed. he mentioned the borders of the land correctly and entered the survry number as 120 and 121. in the unregistered sale deed. but presently (2020) that portion the land with mentioned borders has a survey number as 123.

3. AS "BUYER A" bought the land from the OLD OWNERr he is in possession now and enjoying the land and digged one well and cultivating the crops. the old owner sold the antire land and went to some other place and settled there. he forgot about these land and living his life as he sold the entire land.

4. In 1983 the  "BUYER A" who is in possession of this land  which was bought from the OLD OWNER sold to "BUYER B"  through unregistered sale deed. with the same borders and same survey numbers as 120 and 121.

5. Now "Buyer B" is in possession and enjoying the land he is cultivating the crops and enjoying.

6. in 2003. the "BUYER B" sold the same land with same borders as it is . to "BUYER C" Through a registered sale deed. with mentioning the survey numbers as 120 and 121.  now  "BUYER C"  is in the possession.

here we can notice that the transfer of ownership is occuring through unregistred and registred sale deed since 1965. but mutuation is not occuring.

NOW THE DISPUTE GAME SATRTS HERE.

Due to real estate boom. Land Grabbers starting grabbing the land  by catching the msitakes done in the olden days. some land grabbers noticed that the land bought by the "Buyer C"  has survey number issue  because in the registered document it is entered as 120 and 121 but int the revenue records it is as 123. for the land mentioned int he document

7. Now the land garbbers approaced the "OLD OWNER" who sold the land in 1965 and planned to grab the land which was already sold by him.

8. with the old documents he tried to take the possesion of that land from the "BUYER C" but the " BUYER C" who bought the land and already in the possesion  refused to move from the land. 

9.the OLD OWNER filed a civil suit  in 2007 that claiming that land is his and he is in possession and shown that  the porton of land is in survey number 123. and not in 120 and 121. here we can notice that the OLD OWNER himself sold the land in 1965 with the same borders but mentioned survey nu,ber as 120 and 121.

10. the old OWNER FILED  for permanant injuction. as he is not in the possesion the court rejected the permanant injuction order.

11. the case is pedning in the court.

12. during the case is pending in 2008 the OLD OWNER DID the gift deed for that portion of the land. to his son. lets cal him OLD OWNER SON.

13. In 2017  they came to know that they are about to loose the case and did  a SALE DEED to one of the land grabber. lets call him  LAND "GRABBER A". they did this sale did even the case is still pending in the court.

14. in "2019" THE FINAL JUDGEMENT TIME . THE OLD OWNER DID NOT HAVE ANY PROOFS TO PRROVE THAT HE IS IN THE POSSESION AND COURT BELIEVD THAT THE LAND WAS ALREADY SOLD BY HIM. SO HE DID NOT ATTEND THE COURT ON JUDGEMENT DAY.

15. JUDGEMENT IS GIVE AS "THE CASE IS DISMISSED FOR DEFAULT" .

16. SO , here we can understand that the OLD OWNER LOST THE CASE. 

17. as these "LAND GRABBERS"  LOST the case. they have planned file a new case for the same issue with the other parties. so they did the "SALE DEED"   to other  Land Grabbers. IN 2020.

18. SO , now the new "LAND GRABBERS"  filed a new case against the "Buyer C".

19. now the case is pending in the court.

we can observe that the OLD OWNER LOST THE CASE AGAINST THE " BUYER C "  hetransferred the land to others using his old documents even the case is pending in the court. the transfer of owner ship is done two times in 2007 and 2017 while the case is pending . and even after the lossing the case they did another transfer of ownership for the same disputed land. in 2020.

now are these documents valid.?

because here we can see that the transfer of ownership is done by the OLD OWNER. who lost the case and he traffered the ownership during the case is pending in the court.

is this transfer of ownership done during the case is pending is valid?

are these documents valid which is done by the OLD OWNER who lost the Case  against  "Buyer C".

how many days should the "Buyer C" FIGHT IN THE COURT with these land garbbers.

can we file a criminal case on these land grabbers for the contempt of the court because of creating fraudlent documents. even after lossing the case in the court.

i will appreciate you for studying these and sharing your knowledge for giving the better inputs. 

Thank you.

Anonymous   17 April 2023 at 21:00

498a case after 2 years of living apart

The wife has filed cases under 498a & DV after 2yeras of staying away from her husband,
1st they had filed a mutual concent lawsuit for divorce, now she is demanding 15 to 20 lacs for signing the mutual concent petition, which was not agreed upon by the husband, so she has filed for contested case at her parents native place,
She has been returned all ornaments in the court & signature taken, she has named husband 's parents also in the DV case,
1) can a contested case could be filed against husband and parents after staying away for two years?? Though they had filed a mutual concent divorce petition to begin with,
2 ) on what grounds can the husband & parents can quash the false DV cases, specially when they are not staying with the wife since two years??

Aryan Arvind   17 April 2023 at 20:44

Action on neighbouring housing soc

How to take action on a neighbouring CHS which repeatedly plays loud DJ at any time of day and even after 10:00 pm uptill 12:00 am midnight that to on multiple events (Weddings, Functions, Celebrations)

Anonymous   17 April 2023 at 20:41

Pay back for household expenses spent during long together

The wife is demanding Rs 15lac back, which she claims to have spent for household expenses like ration , servents pay & other such sundry expenses when she was staying with her husband and daughter, from the husband to return it
1) is such a claim sustainable legally, even she gives the details of the amounts spent?- presently she has not given the detailed breakup of the expenses incurred,
2) will the court make the husband pay such expenses, as it was done for the family and not individually on husband.

Veerchandra B Shetty   17 April 2023 at 17:31

Builder noc for release of share of one co-owner to another

A property (Residential Flat) is jointly held by mother and daughter in equal ratio. The society has not yet been formed and is still with builder. The mother wants to release her share of the property in her daughters name. The builder is demanding 30000/- for NOC. So is it compulsory to pay the builder or can the gift/ release deed be registered without Builder NOC.

raju   17 April 2023 at 16:33

Sale deed

Registry of plot was done by sub registrar. The seller had filed complaint that money is due on the basis of behaina as he is having the copy. My query is that does behaina have any value which registry is done

raju   17 April 2023 at 16:30

Sale deed

Registry of plot was done by sub registrar. The seller had filed complaint that money is due on the basis of behaina as he is having the copy. My query is that does behaina have any value which registry is done

Anonymous   16 April 2023 at 19:13

Verbal agreement is valid or invalid in court of law

On good faith I have make part payment to purchase a property. Written agreement is not done, but the owner handover procession of said property before registration.

Since there is no written agreement, by muscle power with the help of notorious agents they repeatedly want to ousting me from the property.

How can I get any relief at court ? Please help me.

Anonymous   16 April 2023 at 02:26

Nri arrested on complaint by indian embassy staff

One staff of indian emabssy filed a case, claiming to be embassy of india, without any due authorization, against me with saudi police and I was in jail for 100 days .
When My mother approached kerala High Court, the embassy submitted an affidavit saying they did not file any case.
But they submitted a different affidavit in Saudi court, saying I have accepted my guilt and is seeking pardon.
Because of that, I was convicted and now stranded in saudi arabia, without job or legal status.
How can I force Embassy to submit a true affidavit to authorities and cancel the punishments I am suffering.

Anonymous   16 April 2023 at 01:49

My dvc appeal dismissed

Hi Sir, please see the order of lower court (DVC)

Business : In the result, the petition is partly allowed and the following reliefs are hereby granted in favour of the petitioner. 1) A monetary relief u/s 20(d) of the PWDV act is granted hereby in favour of the petitioner whereby the respondents no.1 is directed to pay maintenance of Rs.10,000/-(ten thousand only) per month to the petitioner form the date of this order, payable on or before 10th of every succeeding month. 2). The respondent is directed to return the cash of Rs.1,00,000/- and motor bike presented to him at the time of marriage to the petitioner or the worth of it, within 6 months. 3) Am amount of Rs.5,00,000/-(Five lakhs only) is hereby granted to the petitioner towards compensation and the respondent No.1 is hereby directed to pay such amount to the petitioner, within six months from the date of this order. 4) The other reliefs sought by the petitoner are hereby dismissed. 5). The petition against the respondents No.2 is dismissed. 6) The petition against the respondent No.3 is abated. 30. officer is directed to serve the copy of order on both parties at free of cost as per sec.24 of the act. Copy of this order shall be communicated to the concerned protection officer and concerned police for the purpose of assistance in its effective implementation

I preferred fot appeal in the MSJ court and my appeal was dismissed confirmation the lower court order.

Please help me