In regards to transfer of zamindari property.
ayush
(Querist) 29 July 2017
This query is : Resolved
My father took care of a woman in her old ages for 10 years till her death . Humbled by the care that my dad took of her She that of her son , she willed her entire zamindari Property equally to her son and my father in the year 2000. A year after in 2001 she died. Some 5 years after her Son died of mental illness. My dad took to local TEHSIL n the year 2012 to get the property transferred to his name. But just then ,the Woman's daughter objected the transfer ( or someone unknown on her behalf did that fakely) despite the fact that her mother named nothing to her daughter who appeared all of a sudden . 2 years of hearing at local TEHSIL , the Lekhpal filed his report in our favor as no one appeared from the opposition party even for a single hearing. Also we produced all proofs (latest will) , witnesses and thus it appeared an open shut case to us. Though all these positive developments the TEHSILDAAR , said it was out of his authority to transfer the property under my dad's name . So he transferred it to SDM office. The SDM conducted his own inquiry and factfindings . Still no one appeared from the opposition party , hence The Government lawyer filed his report in my Dad's favor. Now besides all these developments the SDM is reluctant to transfer the property in my father's name . Every day my father who is sick health wise and exhausted mentally goes to the SDM office who simply assures my dad that he will do it but does nothing. Asks my father to come next day and when he visits the office most of the times SDM was absent or gives the false assurance. My dad spent all his savings on the case . Paying the lawyers who now seems knew nothing and were just fooling my dad. SDM . We aren't well off economically and most of our money is spent on mine and other 3 of my sibling's education. We clearly have a hint that the SDM expects a huge bribe from us, but we cant do that. So how can we get this thing done. 2.) How strong is our case? 3.) Does Zamindari Abolishment has anything to do with it and can that prevent us from getting our work done. 3.) What can we do if SDM is not doing what he is supposed to do in this case. Hope , someone would help us out with his knowledge.
Thank You.
Ms.Usha Kapoor
(Expert) 30 July 2017
File a Writ of Mandamus against the SDM seeking directions to the SDM from High court to transfer her dead son's property:. in your father's name as early as possible.The Judge will serve notice to So called daughter and unless th e Judge is convinced through all proofs of her being the daughter of dead woman he dismisses th er daughter as a fake.
ayush
(Querist) 30 July 2017
Thanks for your reply Ma'am. It helped us knowing if what to do next. Can you please also let us know if abolishment of Zamindari system can prevent the transfer even if we have the latest will.
Regards
Ms.Usha Kapoor
(Expert) 30 July 2017
4. Malafide transfer of land:
To escape the laws relating to land ceilings, the Zamindars have indulged in large scale transfer of land to their family members or kinsmen. Such Malafide transactions do not make any change in the operational aspect of agriculture.If the transfer is bonafide and as a sort of good will you can transfer land by will.The transferee should be a non relative.If you r doubts are cleared and you appreciate my 2nd reply why don't you give me a 2nd like? I mean why don't you click like button once again?
ayush
(Querist) 30 July 2017
Thank You Ms. Kapoor again for bombarding me with so much of good information the second time . Yes the Transferee is non relative and also we have the registered Will and khewat too. Since it's a huge land i guess considering the value of the land the SDM wants something in favor in return. Still as you adviced yesterday , i think we should reach out to High court now.. or is there anything else we should do before that? My humble gratitudes to you again
Kumar Doab
(Expert) 30 July 2017
Pursue RTI route to get complete information on why official is sitting on matter.
ayush
(Querist) 30 July 2017
Thanks Mr. Kumar Doab for your valuable advice.
Kumar Doab
(Expert) 30 July 2017
You are welcome.................
Susmita
(Expert) 30 July 2017
I agree with both Ms. Kapoor and Mr. Doab. Mr. Ayus, you move a writ application before High Court for a relief against the SDM as well as RTI.
Advocate Ravinder
(Expert) 01 August 2017
Dear Ayush, I have understood your issue. Though you have merit in your case, our bureaucracy position is bad. Unless you put some favour, they will not do your work. Even going to High Court will not work. By putting some technical defect, the Officers will meddle in your case and it may take several years more. As I am expert in solving disputed and litigated properties, you can contact me. I will give you good advise. My mail id is ravinder2345@gmail.com.
Kumar Doab
(Expert) 01 August 2017
Thanks for agreeing Mr. Rajendra K Goyal.
Kumar Doab
(Expert) 01 August 2017
Thanks for agreeing Ms Susmita.
ayush
(Querist) 01 August 2017
Avocate Ravinder ji , I e-mailed you my concerns over the issues. Hope you would provide the right piece of advice. THANKS,
