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Rajesh Sah (accounts executive)     22 February 2018

Grandson claiming property after 47 years

Few days back i got a notice from court where a person filed case claiming the property.

In his plea he said to court that his grandfather purchased the land from Nawab in the year 1938 and died in 1989.

Now he is claiming the property on the basis of doc of 1938.

We were in the possession even before his grandfather died, as my father has purchased the property from a evacuee in the year 1970 through a registered sale deed and since then we are enjoying the peaceful possession of the property.

My father died in the year 1972 and later our names were entered as the pattadar holders.

We were provided with the road cutting compensation by the govt.

Now I am unable to understand what should i do, as the person is staking claim on the property and we dont have the allotment copy of the land that the evacuee was alloted, as my father died within 2 years and at that time i was 7 years old.

Now the govt is also claiming the property and says that they did not allot the said property to anyone, and its a evacuee property.

We are in the said property since 1970 and still we are in it.

Please help and give some suggestion how to fight against the Govt and the Grandson.

Please help please



Learning

 9 Replies

Vijay Raj Mahajan (Advocate)     23 February 2018

Fundamental right to property was abolised many years back from the Constitution of India and all the land is supposed to be owned by the government unless alloted or sold or leased out to private party by the government.

In the present case the records of the government with regard to the disputed property stand as not been sold or allotted or leased out to any party shall be presumed to be owned by the government.

There are 3 claimant of the land, yourself, the grandson and state government where the land is situated. Your fight on the basis of registration of sale deed and possession of the land since 1970 may stand on good ground as far the grandson is concerned but against the goverment you may fail unless the government records show you as lawful owner of the property, adverse possession of the property will not be making you owner against the government otherwise all those possessing the property unlawfully will claim it as their own by way of adverse possession against the lawful owner which is government of the state.

Rajesh Sah (accounts executive)     23 February 2018

The above land belongs to my friend. So on behalf of him I am asking the question.

Rajesh Sah (accounts executive)     23 February 2018

From 1970 to till date the pahanies have our names.

Rajesh Sah (accounts executive)     23 February 2018

From 1970 to till date the pahanies have our names.

Kishor Mehta (CEO)     23 February 2018

It is possible that the evacuee either did not own the property or had no legal right to sell it. Ownership of the property has to be registered and recorded in the Registrar /Collector's office with a properly stamped and executed document, merely being in possession of the property does not prove ownership.

P. Venu (Advocate)     23 February 2018

The facts, as posted,  lacks clarity. Whose grandson is claiming the property? What are the grounds he is relying on? How Government is basing its claims? How come it is evacuee property.

P. Venu (Advocate)     23 February 2018

With due respect to learned expert Vijay Raj Mahajan it is stated that the Right to Property is no longer a Fundamental Right, but is still a Right and no person could be deprived of the Right to Property except by the due process.

Kumar Doab (FIN)     23 February 2018

The legal heir/claimant is claiming on the basis of a purchase (by some document?)  in 1938…and trying to be 1st in chain…and thus defeat one and all.

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record………………and worth his/her salt..

Obviously you need to defeat the claim of said claimant/legal heir and state govt.

Kumar Doab (FIN)     23 February 2018

The concerned revenue office/official e.g; Patwaari being custodian of records can help and guide…

Senior counsel specializing in revenue (Civil) matters can also help and guide.

GO thru;

https://www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/Village-revenue-officer-system-to-be-revived/article14715567.ece

 

The designated revenue officer usually has mother document e.g; Shajra-e Aks ,all link docs....

 

In a recent matter IT was seen that MC claimed (under influence of Local persons) that way thru is through plot and buidling should be demolished.

Relying on just a record termed as ' Dept Book' the notices were issued...

later it was found NO link/substantiating document is available and rather the officias were approaching other dept to insert docs..........

Although the relevant docs/record  were duly obtained  thru efforts and RTI still there was a full blown effort of vested interests....The vested interest were duly and fully checked and defeated and Dept/officla were penalized...

Needless to mention your LOCAL counsels can help and support...


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