The Hon Prime Minister is directing the bureaucrats to identify the ancient laws, which need to be scrapped. This is one case, which has exhausted me and i am running around, just that i dont want to pay the settlement money to the previous land owner and his brother-in-law who is lawyer. The details of the case as under.
1. My father died in year 1986 who was farmer. Our name came on record of rights [7/12] along with mother, two brothers and sister. In 1991 i married and my wife does not come from farmers family.
2. In year 2006 i purchased agricultural land on my and my elder sons name. Since my father was agriculture, i inclosed the 7/12 and our names got recorded on this newly purchased land.
3. My father in law does not have son but only a daughter. He is old and he wanted to invest his earnings on his daughters name [my wife]. My wife, purchased a small peace of agricultural land near mumbai and along with sale deed applied to Talathi for bringing her name on 7/12. The Talathi, as per the procedure, invited objections. The old seller, launched the objection with Tahsildar stating that my wife was non agriculturist and she cheated him by saying that she was farmer. He appealed to Tahsildar that the sale deed must be cancelled and land returned to him. My wife had paid him thorugh demand draft. The possession of the land is also with her. The Tahsildar issued direction to Talathi and put her case for hearing.
4. The old seller's brother-in-law is lawyer and both of them, in addition to raising objection, before, Tahsildar, also filed a suit, giving the same ground that she is not farmer. I attended atleast 12 hearing before Tahsildar. The opposite lawyer everytime took dates from the court but Tahsildar took hearing in which i submitted him as under
[a] Our family is family of ancestral farmer. When my non farmer wife married me, she became farmer by succession.
His answer: No . her father must have been farmer. you submit she is famer by her fathers lineage.
2. If i die tomorrow and she comes to your office for having her name registered as legal heir, Will you stop it?
Answer: No. She automatically succeds to your land by succession.
3. For bringing my wife name on 7/12 , you want her to be farmer, but in case you want to take over my land under agricultural land ceiling act, you will calculate land in possession of the family, If my wife is not part of my family, than why you will club her land in my family holding.?
Ans: That is procedure under the land ceiling act but the procedure under the bombay tenancy act is that she should be farmer.
4. Whether agriculture land ceiling act or bombay tenancy act, you are the appropriate authority. How can you act differently?
Ans: Please dont teach me how should i act. If my actions hurts you, than go to court.
5. Your two acts are state acts and Succession act is central act which is superior and in case of the conflict, the central act prevails. If succession act makes my wife heir by succession, your act is nullified.
Ans : no reply
I fought and fought and finally won over and my wifes name was recorded on 7/12. I filed his order now for submission to civil court where one suit is filed against me as mentioned above. The Hon court asked him whether he is pressing for stay to which he said no. He wants matter to be contested. It cost me three thousand rupee to reach to the court everytime the date crops up. This has been going on for last eight years. The possession of land is with her. The seller, invested my wife's money in flat which has multiplied value wise. He is using our money to trouble us to extort more money by filing such frivlous suits. The lawyer is his brother-in-law. I have never seen the seller in court but his relative lawyer everytime is seen. I need advise as under.
[a] now that i have got order from Tahsildar in my wife's favour, can i file demation suit against the petitioner?
[b] His relative lawyer, despite, showing the 7/12 that we are ancestral farmer, still harassing us by filing the false cases. Can i complain to Bar council of India against unethical practices? He raised two grounds. first that he was not paid and secondly my wife is not farmer. His payment point exposed when we showed the copy of the bank statment which clearly showed it was credited to his account. Whether my wife is farmer or not, was issue to be decided by government authority which has now held in my favour.
I am sad to know that in Mumbai region such practices are common. The seller happily sells the agricultural land and later again file objections in court and government office. It is better first to take permission from tahsildar and than only should buy the land. Else, the nexus between laywers, sellers and government officers will make you lost your money.
