Condonation delay
SANJAY
(Querist) 06 September 2014
This query is : Resolved
Sir,
We have an agricultural land at my native place in Maharashtra, This is a self acquired property of my late father, He died on June 2001. we found his will three months after his death, being an eldest son I was give the photo copy of the will in which he mentioned their names as beneficiary , after that My brother & sister in law ask me to divide my fathers self acquired property property & denied to contribute the expenses done after his death they also claim more share of land than that my father allotted to them in his will my brother attempt to kill me after around one & half year I found a job in other city & shifted with my spouse & two children, during the period of my absence my sister in law & brother contacted local land mafias keeping me in dark as I am far away from home. the land was not divided as per will but by taking the help of talathi of that area they make the fake document of 7/12 extract of the land. when I came to know about it I went my native place but he attack again & threaten me to kill if I will make any complaint , as my family has no support of relatives & we are living far away from our native place , I could not take the risk of survival of my spouse & school going children, but the shock force me to went in depression followed by panic attacks in which my blood pressure shoot to 130/210 & due to that I am forced to admit in hospital, due to these attacks I have lost my job in multinational company, & till today I am under medical treatment, currently I don't have any any job in hand & there is no other source of income, I have lost all my savings & gold of my spouse to survive couple of years back I went to local advocate for filing the complaint in civil court my lawyer ask me for all the require documents which was obtained from tahasil kachery & given to him but he file a caveit against the land grabber during that period when I went at my farm the land grabber attack all with the all members of his family. he claims that he purchased the land from my brother & sister in law , he is having political back ground & having illegal money lending business , he said he has purchase this land from above said peoples in 2007.& my lawyer is delaying to file a case in court & asking for money for court fee stamp duty & other legal expenses & now he rise a new point & ask me what should we answer for the delay of filing the case. Sir,I only believe in "Satyamev Jayate " May I request you to kindly consider the situation I am going through & advice me How can I obtain my land from the illegal possession by the land Mafia, I went to file an FIR when the land grabber attack me with his family member couple of year back in local police station police denied to file it but i went again & again to file the fir they finally ask me to write my complaint & submit it to police station
I did that but as you know there were no action from police. my late father was participated in freedom fighting movement & not taken anything in return to render his services for our Nation, & he never want the land to be sell to land grabber, It is my humble request to the experts please guide me what action shall I take to get my father's land back from the clutches of land mafia? eagerly waiting for your kind response.
Thanks & Regards,
Sanjay
Dr J C Vashista
(Expert) 06 September 2014
Be precise in your query, it is too long.
Contact, consullt and engage a local lawyer, show all documents and proceed as advised.
However, you may file a suit for repossession/partition as well as a police complaint
Devajyoti Barman
(Expert) 06 September 2014
If the police is not registering your complaint, you can file petition u/s 156(3) crpc in the court of Magistrate.
You can go to high court as well in Writ jurisdiction against police inaction.
Anirudh
(Expert) 06 September 2014
Dear Sanjay,
You have to file a civil suit against the Sale.
If your current lawyer is not doing the job and that too within time, then approach another lawyer.
But, please remember, since you are not in possession of the property, you have to pay appropriate court fee, without that the case cannot be filed.
The delay can be explained suitably in the application for condonation of delay by your new advocate.
Do not waste any more time.
Rajendra K Goyal
(Expert) 06 September 2014
Agree with the advise of ld. expert Anirudh.
V R SHROFF
(Expert) 06 September 2014
LAND MAFIA are hand in glove with Police. Tehsildar, Court Authorities;
You may go to protect yur land, and Mafias charge you with 307, half murder, producing hospital certificate of 20 days, c I/O bribed, and you st go to imprisonment for 90 days pre charge-sheet, IN JAIL , for no fault of yours.
You loose job, reputation, health, Land, and Mafia enjoy it.
It is common practice everywhere in INDIA, as Land cannot be created, and price rise/ demand is highest..
THESE ARE FACTS/ REAL EXAMPLE / HAPPENING EVERY-DAY ......LOTS OF MONEY.....
ABDUL RAZIQUE
(Expert) 06 September 2014
Well advise by Ld. Anirudh, And Fact of present scenario describe by Ld. Shroff Sir, I appreciate both Ld.
Nothing more to add.
P. Venu
(Expert) 06 September 2014
Pl. do not confuse the material facts with your travails. Stop imagining yourself to be the victim - the doors of justice will open before you.
Prima facie, the property is vested in you at least in part and you have not divested of the same through the due process of law.
ajay sethi
(Expert) 06 September 2014
agree with MR anirudh
P. Venu
(Expert) 07 September 2014
The Law of Limitation does not provide for condonation of delay in filing any suit.
T. Kalaiselvan, Advocate
(Expert) 09 September 2014
If what you say is correct, as per Will, you have an equal or some share in the property, even if the Will is ignored, you have a share in your father's so called intestate property. Now the best option is to file a partition suit against your brother and implead the latest purchaser as a party to suit seeking relief of declaring the sale deed to him by your brother as null and void, for this the court fee will be very less and also it will not attract the limitation clause. You may change the lawyer and engage a new lawyer with the said instructions.
SANJAY
(Querist) 17 September 2014
Kind Attn.:All Respected Experts
Dear All Thank you very much for answering my legal query I found your advice is very useful to go ahead for taking legal action against the culprit, after receiving the reply from you I have contacted my local lawyer & ask him about filing a case against conspirators involved in this case. he said he is busy with some other work & have no time right now, Sir, I have submitted an application to kamgar talathi at Tahasildar's office attaching the copy of will & death certificate. will it makes any good in my case? secondly, the Land mafia who got the possession of our land was been taking cash crops by using water from well in our farm. from past 7 years, shall I claim for compensation for illegally using my land & threatening me to kill which causes serious metal & physical harassment to me? please reply as I am waiting eagerly for your kind advice.
Thanking all of you again,
Sanjay
Devajyoti Barman
(Expert) 17 September 2014
you have repeated this post by way of opening a new thread.
Rajendra K Goyal
(Expert) 09 August 2016
Repeated:
http://www.lawyersclubindia.com/experts/Illegal-sale-of-combined-property--591591.asp
http://www.lawyersclubindia.com/experts/Brother-gives-possetion-of-my-late-father-s-agri-land-to-local-land-mafia-589441.asp
http://www.lawyersclubindia.com/experts/Distributions-of-my-late-father-s-self-aquired-property-as-per-his-will-583291.asp
http://www.lawyersclubindia.com/experts/Land-grabbed-by-mafia-548951.asp
http://www.lawyersclubindia.com/experts/Stampduty-require-to-cancel-fraud-sales-deeds--611231.as
