Grand child's claim on property
Satyabhusan
(Querist) 10 December 2017
This query is : Resolved
Hello,
The land owner(now dead) sold his land to a lady from whom I purchased the same land. In both the sale deeds, the sons have signed as witnesses. One of the grand child (father now dead but had signed as witness in my sale deed) claims his share and is threatening legal proceeding. I have half constructed a house and got electric connection in my name since 2014. The boundary wall is built and the gate has not been fixed. Applied for mutation and is pending in the settlement office.
Please advise as to what is my legal standing in this case.
Sudhir Kumar, Advocate
(Expert) 10 December 2017
prima - facie there appears no claim from him.
but you are silent about the dates of trnsactions.
it is whose g/son 1st owner or second owner.
Satyabhusan
(Querist) 10 December 2017
Thank you Mr. Sudhir Kumar. The grand son in question is of the first seller. He sold the property to the first buyer in the year 2004 and I purchased from the first buyer in the year 2006.
kavksatyanarayana
(Expert) 10 December 2017
He has no right over the property. then how he claims?
Satyabhusan
(Querist) 11 December 2017
During the procedures in the rent camp of the settlement office I had applied for mutation and ror. I had also deposited all documents and got receipts for the same. I, along with many others from the same area were told that order would be received within a short time. In the meanwhile a new settlement officer joined and we were not intimated about any development regarding our status. One day the rent camp office got closed and all documents/files were sent to the major settlement office. When I enquired there I got to know that the land has been reallocated in the name of previous owners siting the reason of me not being able to produce documents. We were advised to appeal in the settlement court and our appeal for mutation and correction of ror is pending for a date in the settlement court. There are about three thousand such cases in the court and it is taking a lot of time. As the original owner is dead the land has been allotted in the names of his four sons. This grand child in question, whose father is the youngest of the four sons and was also a signatory in the sale deed and is dead now, is claiming his right as legal heir. When I was to put up the gate he obtained a 144 order and is threatening to go to civil court which will take years to solve.
Surrender K Singal
(Expert) 11 December 2017
Is the property self acquired (of late land owner) or ancestral, inherited ?
Satyabhusan
(Querist) 11 December 2017
Self acquired, as mentioned in his sale deed to the lady from whom I purchased the said land "acquired through mutation in 1993". He sold to a lady in 2004and I purchased from her in 2006. The link deed is with me (sale deed of first sale to the lady).
Dr J C Vashista
(Expert) 13 December 2017
Move an appeal against the orders passed in mutation case.
Satyabhusan
(Querist) 13 December 2017
Thank you Dr. Vashista, Mr. Sudhirkumar, Mr. KV Satyanarayana and Mr. SK Singal sirs for your valuable time, interest and suggestions/inputs.
I have appealed for correction of ror in the settlement court and because of large nos of cases in pending due to erroneous acts by settlement officers it is taking a long time and we are suffering though we have dully purchased land.
With the ror received in their names due to mistake of settlement officials the previous owner is threatening me. The case of 144 is in the court. I am unable to do any work in the plot. They are also threatening to file civil suit. If they do it will take a lot of time to resolve and my land and all other investments I have made in the form of a house, compound wall, electric connection and boring for water are going idle. I am in a fix.
What kind of precautions can I consider before they actually go and file a civil suit?
kavksatyanarayana
(Expert) 13 December 2017
Now a days many State government are taking steps to up to date the ROR settlement records. best do hope. and consult a local experienced lawyer with the material for his guidance. without seeing the all material it is not possible to advise.
Kumar Doab
(Expert) 13 December 2017
You have the receipt of documents submitted by you. This should help you.
The grandson can claim on attaining majority and within 3years if the property was ancestral ) per provisions of personal laws that applies in this case).
In any case if the property was not ancestral then grandson has NO forced share.
Kumar Doab
(Expert) 13 December 2017
You may obtain the mutation records with all link docs and show these to a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record.
In case the grandson has NO share as per opinion of your own counsel that has examined all docs and facts and inputs then it is upto you to contest and get decision from courts of law.
In case the grandson has share as per opinion of your own counsel that has examined all docs and facts and inputs then it is upto you to settle the matter on amicable terms and get it endorsed properly.
In case the grandson has NO share as per opinion of your own counsel that has examined all docs and facts and inputs then it is upto you to settle the matter on amicable terms and get it endorsed properly.
Kumar Doab
(Expert) 13 December 2017
For speedy disposal of the matter, look into the details/provisions available at the jurisdictional HC website.
Your own local counsel can help you.
Satyabhusan
(Querist) 13 December 2017
Thank you Mr. Kumar Doab and each and every expert for your kind advice and inputs. Thanks a lot.
Kumar Doab
(Expert) 15 December 2017
You are welcome...........
