Mutation on 7/12 of land on oral sell (60acers) in 1955
bhavesh kumar
(Querist) 22 April 2016
This query is : Resolved
sir, am recedent of Gujarat by birth, i came to know that my forefather have land in maharashtra about 60 acers. my grandfather's name as occupantin 7/12 till 1955, and then mutation came in 7/12 from ORAL CELL DEED OF (RS.500/-) system which is call VARDI in maharashtra. this transaction is not REGISTRED in SUBREGISTRA office at concend
Taluka. the Bayer thorough oral sell does not have document of registered sell deed. this Land is acquired by MIDC for industrial purpose in 1992 where compensation is 700000 but the second party went to civil court about dissatisfaction of by MIDC's compensation and civil court has directed MIDC to pay 4500000 as compensation. this civil court decision is challenge by MIDC in Bombay high court on grounds that 4500000 competition is not admissible. IN THIS CIRCUMSTANCE CAN I GET THE MONey AS COMPENSATION OR HOW CAN I TAKE LEGAL ACTIONS ? BECAUSE I AM THE ORIGINAL OCCUPANT OF THE LAND BUT BY CHEATING SECOND PARY HAS MADE MUTATION IN 1955 AND FORM THAT HE IS OCCUPANT AND TAKING COMPENSATION.
Guest
(Expert) 22 April 2016
Sorry new terminology "Vardi"
For curiosity sake please tell District
Property transaction use to take place in Maharashtra on registered deed . I have seen till date oldest registered Deed dated 1900 and it is still found in District record room.
Additional some papers are found in respective land file also
Now if you lost physical possession which year on property . Please state
I only understand that in 1955 records where manipulated. But situation is that the time which you state was time where various abolition laws where introduced . From 1947 to 1967 there was tremendous changes in Land laws . Require minute understanding of the matter.
And biggest problem Limitation Act , You can not take specific dispute after specific years in court. So this you have to confirm.
Else it will be waste of time
bhavesh kumar
(Querist) 22 April 2016
Sir, vardi is oral sell system this system prevails in north maharashtra (khandesh) whwre land transaction done thorough the oral sell but it's neither register in sub register offices mutually under standing between both the party in order to avoid the registry expenses can you say how much time for limitation for such cases ? and can I get delay condemnation approved from high court or supreme?
Guest
(Expert) 22 April 2016
Such transaction is invalid this is truth. Bombay Stamp act is from 1958 , Registration act 1908.
I read how laws where expanded in various territories. In short between 1946 (Instead of 1947 I prefer to put one year before because some princely state signed instrument of accession before independence) to 1950.
With various acts Laws of Bombay province where expanded to newly acquired princely state . Some princely state laws where adopted or retained. So such set of law where made from 1947 to 1951.
Without reading them again I conclude that till 1951 entire Bombay state all laws where applicable To whole Bombay Province (This I conclude after looking at various acts which introduced Bombay Province law in princely state)
So I strongly believe this vardi transcation may be going on that time but not legal in front of eyes of law.
113. Suit for which no prescribed period -- It is three years
64. For possession of immovable property based on previous possession and not on title , when the plaintiff while in possession of the property has been disposed -- Twelve years from date of dispossession.
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So in short I feel forget it , no use waste of time and energy and further money .
Few days back senior corrected me that delay condolence is not for institution of suit.
Regarding Writ matters there is Delay and Laches and not sure about it , but they too won't entertain you now this I feel.
See filing is one thing , running is one thing but winning is more important and this is not possible .
If senior can correct me please correct me in this matter.
Guest
(Expert) 22 April 2016
Before 1958 there was another stamp act . I have seen stamp paper and documents from 1900 registered in Bombay Province (British territories) that too register
P. Venu
(Expert) 23 April 2016
Why you woken up after 60 years to claim your rights?
bhavesh kumar
(Querist) 23 April 2016
Because I came to know now sir, is there any remady for delay condanation for I can get this compatation?
bhavesh kumar
(Querist) 23 April 2016
Because I came to know now sir, is there any remady for delay condanation for I can get this compatation?
Rajendra K Goyal
(Expert) 23 April 2016
Discuss with local lawyer and lodge your claim, rest leave on the merits.
