Query regarding disputed property
Sushma Reddy
(Querist) 24 July 2013
This query is : Resolved
Dear Experts,
We have purchased an agricultural in the outskirts of Bangalore and while trying to fence the property, a couple of them have filed cases against the property claiming they have ancestral share in the property. However, we have all the documents claiming the property belongs to us. A case was filed in the AC court which we won. However, the opposition again filed a case in DC court and this time the judgement was in their favor. The judgement was given on 19th June and as per the judgement, the khata was to be transferred to their name. Now, we have filed a writ petition in the civil court (Case Num : 27708-27709/2013) on 26th June to not allow the document transfer to their name. The case is currently adjourned and the next hearing is on 29th July. My query is:
1> Is there a timeframe to get a stay during which we can stop the document transfer to their name ? I am asking this because, i have got to know from a different source that a stay has to be got within 60 days following which we cannot stop the document transfer.
2> Secondly, we got to know from other sources that the document is already transferred to their name. If we still manage to get a stay, will they cancel the transferred document ?
Please feel free to contact me at sushmared@gmail.com in case you need more information on this case.
Thank You,
Sushma
ajay sethi
(Expert) 24 July 2013
if mutation has already been done in their name you will have to amend your pleadings and seek cancellation of mutation already done in their names .
you have to make out a case for stay .your lawyer is your best guide .
ajay sethi
(Expert) 24 July 2013
if the case was adjourned for next hearing ie 29th july 2013 you should have sought maintenance of status quo till next date and seek interim stay on next date
prabhakar singh
(Expert) 24 July 2013
First let it be known to you that 'No writ'
lies in civil court.
Once any order is passed for correction of any revenue record the same is first incorporated in the register maintained by revenue authority and a certify copy of extracts are issued to public.
Such an incorporation can take place forthwith even,all depends how parties manage the office.
prabhakar singh
(Expert) 24 July 2013
First let it be known to you that 'No writ'
lies in civil court.
Once any order is passed for correction of any revenue record the same is first incorporated in the register maintained by revenue authority and a certify copy of extracts are issued to public.
Such an incorporation can take place forthwith even,all depends how parties manage the office.
Rajendra K Goyal
(Expert) 24 July 2013
If mutation is already done and no stay existed, move for cancellation of mutation.Agree with the expert Ajay Sethi ji.
prabhakar singh
(Expert) 24 July 2013
When a wrong mutation is ordered then a declaratory suit is required and not correction of mutation entry.
Sushma Reddy
(Querist) 24 July 2013
Thank you all for helping me out. I would like to clarify one thing here. Is there any timeframe to procure the cancellation of the mutation ? If so, within how many days should it be procured ? We have so far not received a copy of the document where mutation was done. Is it mandatory that we should have received it ?
Thanks,
Sushma
