Request to clarify the doubt
gopal
(Querist) 06 February 2015
This query is : Resolved
Respected Experts,
Thanks for all , for my previous clarifications you have provided valuable guidance.
my father got his share by unregisted partition deed on 1989, my fathers one and only younger brother is inturrupting my fathers possession and enjoyment so my father is filed OS(Original suit) before the munsiff court and got a permenant injunction that not to enter his share.
my fathers brother was appealed in sub-court in the pendency of appeal my father's brother sold one peice of land which comes under the permenant injunction. the sale is registered in the sub-register office.
then my father is filed OS on munsiff court that to set aside the registration. in munsiff court our lawyer was purchased by the opp party and our lawyer wantenly not submitted the required documents which are in the custody of him. the Munsiff court dismissed the OS. previously one situation the same lawyer was did some favour to my father so my father, unable to ask him why he did like that.
the lawyer in this case he made very much dilute and not allow to give to other lawyer, we tried to change the lawyer he is not allowing but clearly know that he is wantonly not submitting the certified documents which we have given to him.
(Pls do not think that i am not blaming the lawyer , but we are the victim of his activity so i told )(also trying to file appeal in this regards in the mean time i need some guidance so asking)
In this situation
1)Do i send a objection letter to the Thasildar(Revenue Officer of Thasil), Revenue Divisional Officer that, the registration is made against law so not to transfer the Patta and Revenue Records ?
2)Do we have right to object like that to the Revenue authorities?
3) Is there any supportive act is there or any rulings are there
kindly provide a guidance
with good regards
nandagopal
ajay sethi
(Expert) 06 February 2015
you have to file an appeal against the order of munsif court dismissing your suit for setting aside sale of property by your brother .
you can also engage another lawyer in appellate court .
Rajendra K Goyal
(Expert) 06 February 2015
Change the lawyer. File appeal for the order.
Your lawyer would take care of the law / rule applicable.
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
There is no use in clinging to the same lawyer whose credibility is under cloud are not trustworthy anymore. You may change the lawyer immediately, if he is refusing to give NOC, you may file a memo before the concerned court that you want to retire this lawyer hence you may be permitted to engage another lawyer without his objection. Also in appeal, you may engage another lawyer. You may file your objection before the concerned Tahsildar objecting the transfer of revenue (patta) records as the matter is under dispute in the court with regard to that land/property applied for transfer.