LAND DISPUTE
VISHAL AGARWAL
(Querist) 27 November 2010
This query is : Resolved
I HAVE PURCHASED A LAND AT JALPAIGURI DIST , WESTBENGAL
1) THE LAND HAS BEEN RECORDED (LR KHATIAN and RS KHATIYAN) BOTH IN THE NAME OF MAHADEB SAHA IN GOVERMENT BOOKS WHICH HE PURCHASED FROM MANGLU IN THE YEAR 1958
2) MAHADEB SAHA SOLD TO A PERSON NAME "B "
YEAR 1998
3)" B " SOLD TO "C" IN 2001 AND "C" SOLD "D" IN 2004 AND FINALLY "D" SOLD TO ME( NBS PVT LTD)
NOW SOME PERSON CLAIMING TO BE LEGAL HEIRS
SAY THAT THE LAND BELONGED TO THEIR MATERNAL GRANDFATHER AND THERE WERE TOTAL 5 CHILDREN OF THERE GRAND FATHER 3 SON AND 2 DAUGHTER 3 SON SOLD VIDE SALE DEED IN 1958 TO MAHADEV SAHA BUT 2 DAUGHTER DIDNT SELL .
AT PRESENT BOTH DAUGHTER ARE EXPIRED LEAVING BEHIND 21 PERSON IN TOTAL AS THEIR LEGAL HEIRS.
AS A PROOF OF DOCUMENTS THEY HAVE A XEROX COPY OF A CS KHATIAN IN THE NAME OF MATERNAL GRAND FATHER
DEEDS PREVIOUS TO SALE DEED IN 1998 CANNOT BE FOUND IN LAND RECORDS
DONT KNOW WAT TO DO
THEY ARE NOT LETTING ME START THE WORK IN MY LAND
FOR THIS I BOUGHT 144 IN MY LAND FILE PETITION IN SDO COURT AGAINST THEM FOR NOT DISTURBING ME TO CONSTRUCT THE BOUNDARY, THOUGH THE LAND IS WELL DE-MARKED BY 1 FEET BOUNDARY WALL.
BUT THE OPPOSITE PARTY BOUGHT STAY ORDER IN THE LEARNED SESSION COURT OVER MY ORDER 144 FROM SDO COURT
NOW POLICE IS NOT ALLOWING ME TO DO BOUNDARY ON MY OWN LAND
Arun Kumar Bhagat
(Expert) 27 November 2010
Answer is very simple. Get the stay order vacated.
VISHAL AGARWAL
(Querist) 27 November 2010
they have filed a caveat in civil court and i want to start a industry in that land so want to know the merit of the case
n.k.sarin
(Expert) 27 November 2010
It is your duty to comply the stay order.Xerox copy has no evidential value in the eye of law.get vacated the stay order.
Kirti Kar Tripathi
(Expert) 27 November 2010
Inquire from Court, In case, any stay against order of SDO is their favour file objection and application for vacation of Stay. Till any such order is passed you have wait. However, you can file writ against stay
VISHAL AGARWAL
(Querist) 27 November 2010
stay order is in their favour , i had applied for revision but without hearing magistrate rejected the plea till the time mentioned in the stay
Devajyoti Barman
(Expert) 27 November 2010
Wait for 2 months from the date of order as such order would not last beyond 2 months unless a fresh order is passed.
However for a permanent solution ,keping the overwhelming prima facie case in your favour I think you should file immediately a suit for declaration of title and for temporary injunction till disposal of the suit so that your lawfull possession and enjoyment of the suit property may not be disturbed which would help you to finish the work of boundary wall peacably.
