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Sale certificate

(Querist) 05 January 2015 This query is : Resolved 
Respected, sir, once land sale certificate issued from high court infavour of person, and same land claiming by forest department,and forest on the possession, what remedy left to sale certificate holder ?in order to release his property from forest depart ment, cuz it has been not acquired by forest department as per RTI , information, pleas advice sir, thanks
Anand Bali Adv. (Expert) 05 January 2015
Dear client,
You are advised to file for permanent injunction against the Forest department for the possession Ord. XXXIX Rule 1. & 2 (if it applies in your case).
You have not mentioned that in the HC while issuing the order has mentioned for the delivery of possession to you or not if not apply for the same in the HC to execute the order of the sale certificate by granting the possession of the land property.
ahmeduddin khan (Querist) 06 January 2015
Respected sir, thank u for u r valuable answer, No sir hc have not issued any order in regard of delivery of possession, moreover sale certificate has been issued in year of 1968, and part of high court record, and land is vacant, but forest dept claiming it,,plus my father expired 4 years ago, i need to take succession certificate cuz no wiil deed left by my father, SIR, my question is whether I need to file declaration of suit , possession, and like u advice me enjunction. Thank u again sir.
T. Kalaiselvan, Advocate (Expert) 09 January 2015
You may file an execution petition as a legal representative/heir of your father before the court for taking possession.


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