Land transfer
JM Singh Verma
(Querist) 02 February 2012
This query is : Resolved
My father sold a plot about 10 yrs back to his nephew. the plot of land after partition still is in my fathers name. the nephew filed a case in district courts for the same giving incorrect details in his petition such as size of plot, value, and intention of my father to evict him. the reply was filed accordingly by him stating that the entire petition was baseless and with malafied intentions. the lawyer has not filed a replication till date even after a lapse of three months. initially he said a stay petition was pending (not understood) and has been delaying the replication.
What are the remedies available?
In case of incorrect details can the Nephew be charged under CrPC?
Any legal judgments on the aspect of delay in filing of reply or law point.
Your kind guidance will be of great help.
Thanking your kind selves.
Raj Kumar Makkad
(Expert) 02 February 2012
You cannot file any criminal case if the size, rate, date etc. has wrongly been mentioned in the petition. You should not request the court to post the case for issues and then for evidence as replication can be filed only on the next date of filing written statement and even it is not mandatory to file.
Nadeem Qureshi
(Expert) 02 February 2012
I agree with Mr. Makkad
if you need some judgement in this regard you can contact me, feel free to call