Land issue with my friend family
Basavalinga
(Querist) 11 July 2013
This query is : Resolved
Dear Sirs/ madam
one of my friend house land is in trouble and filed a case in city civil court in bangalore,i need to give a moral support to that man to stabilize him. so please suggest me in solving his problem from your expertise.
case details are as follows.
1) it is his mother property given by government for the poor in 2006 and has also mentioned that it should not be transferred to anyone for 15 years and bad thing is that she has died last year.
2) one of his relative have made a gift deed from his mother in 2011 and she have also made so many cases like this he has a proof for it, but his mother was telling him that she has no made such things to them.
3) she had two children one is male and female they have come into picture now, all these days they were not with her as they were studying outside and daughter got married.
4) the case is in city civil court and till now they have not got any stay order the people are taking advantage of it and sending some goons near place and says that they have purchased land from her and leave the place immediately.
5) he was bought up for an orphanage as his mother was not able to look after them both sister and he studied there for many years so their mother and father name has been changed in their certificates the caretaker name has been registered.
6) but after they got their parents in 2006 form then they regularly visited their home and stayed with their mother the ID cards ration card other documents are in the name of their mother and them.
so in this case please suggest me what to tell my friend as he is very much worried about the property weather this case can stand and win or he should this here and do some other work as he has finished his studying he have started his career now, he is also poor and do not want to waste his money and time so please suggest me wat to guide him from your legal point of view and help him out to solve his problem.
Awaiting for your replies as soon as possible.
With regards
Basavalinga
ajay sethi
(Expert) 11 July 2013
under terms and condition sof allotment land cannot be transferred for perod of 15 years . hence mother could not have executed gift deed . on the mother death property should be transferred in name of her children . if threatened by goons lodge police complaint
ajay sethi
(Expert) 11 July 2013
in case relative moves court challenge the gift deed . you have stated that your mother while she was alive denied having executed any such document . has the document been stamped and regd ?
prabhakar singh
(Expert) 11 July 2013
DID YOU READ THIS TOO MR>SETHI"5) he was brought up for an orphanage as his mother was not able to look after them both sister and he studied there for many years so their mother and father name has been changed in their certificates the caretaker name has been registered."
UNLESS THEY HAVE PROOF OF FACT SHE WAS THEIR MOTHER THEY WOULD NOT HAVE RIGHT AND IF GIFT DEED IS NOT REGISTERED OR REGISTERED WITH IN !% YEARS OR FORGED AND FABRICATED ,THE PROPERTY WOULD REVERT BACK TO GOVERNMENT.
SO PEOPLE WHO BROUGHT THEM UP AND ARE RECORDED AS PARENTS?FATHER ?MOTHER ?ARE
THE EVIDENCE WITHOUT WHOM EVEN SUIT WOULD NOT LIE.AND SUIT YOU SAY HAS ALREADY BEEN FILED BUT STAY NOT GRANTED.
HENCE WITHOUT GOING THROUGH PLAINT I CAN NOT OPINE ABOUT MERIT OF SUIT FRAMED.
ajay sethi
(Expert) 11 July 2013
prabhakar sinhji .
read point no 6 they got their parents in 2006 form then they regularly visited their home and stayed with their mother the ID cards ration card other documents are in the name of their mother and them.
they have proof that she is their mother .
prabhakar singh
(Expert) 11 July 2013
Yet they have contradictory records of parentage.A Lot of exercise wanted from them.Perhaps this why they did not get injunction order.
Basavalinga
(Querist) 12 July 2013
Sirs,
thank you for the prompt reply, so finally what would you suggest him to do as he is poor he has already filed a case on his relative, she has taken a registered stamp gift deed but not reflecting in EC, in this case what would be the further action to be taken by him. as prabhakar sir told he is having a ration card and identity card to show him as his mother and there are also relatives who knew that they are their parents and ready to come and say in the court. please guide me to help him.
thankyou
R.K Nanda
(Expert) 12 July 2013
nothing to add.
