Hi,
Some land in our village in konkan, Maharashtra was purchased by one person from government & he had obtained certificate of purchase (The Title of the land) in year 1974. My father received this land through a registered Will in year 1997 from this person. So he holds Registered Will as a Title Deed for this land. After the death of that person in year 2000, my father claimed for the land & applied for putting his name in records of rights on the basis of Will. Talathi of village deliberately rejected respective Mutation Entry & put the names of that person's heirs in the records of rights. We fought 3 cases in various revenue courts since 2001 & finally in June 2013, Additional Commissioner konkan division giving order in our favor informed talathi of the village to put my father’s name & correct entries in records of rights in accordance to as specified in registered Will. But this time again talathi refused to put my father name in records of right giving reason that entries need rectification. He didn’t follow any of the order given & kept the name of that person's heirs in the records of rights as it were since 2001. Since that person's heirs had Title document of the land with them & their name in the records of rights till present, they sold the above land to the third person in Oct 2016 & on that basis & that third person’s name is now appeared in records of rights for same land very easily & he has started with the land development. When talathi rejected our mutation entry second time even after having order from additional commissioner konkan division we had several communication with revenue authorities from top to bottom (Served contempt of court notice as well as service notice under 80CPC) & finally in last year we had filed a writ petition in High Court against the state of Maharashtra & several revenue authorities, for proper execution of the orders & our court proceeding are not yet started. This selling of land to third person is happened after we filed the High court case & Even though Talathi was well verse of our matter he easily put name of third person in the records of rights for the land & he started developing that land at present. Now I have following queries,
1. As we have title deeds (registered Will) & Assistant Commissioner, Konkan Division Court’s order in our favor, but do not have original title of the land (we have certified copy of same), can we show our ownership on the land & restrict the third person for having adverse possession on the land?
2. Can we do police complaint on the basis of registered will & order of the commissioner, and can we compel local police to file F.I.R. on the basis of same? Local police are not ready to lodge complaint at present since we do not have my father’s name on the records of rights.
3. Can anyone tell us what legal rights we have since all public authorities like electricity boards or grampanchyat or police are not keen in helping us even after complaining them?
4. Do we need to make this third person as party in our writ petition as well to get temporary injunction? Or will this third person matter get resolved once the high court orders proper rectification & mutation entries on my father’s name?
5. What all we can do immediately refrain third party encroaching & doing any development in the land?
Request you to kindly answer my queries as sooner.
Thanks & Regards,
Sagar, Mumbai
Hi Rama,
Thanks for your prompt reply. We have a writ filed in High Court of Bombay already for rectification of mutation entry & put it land on our name. it is against the revenue departments & government for their inaction. I do not want to involve third party or ex. defendent in to that writ. So can i file separate Injuction Suit against the third party only along with the declaration & possession of the land? and since it court vacation time now, can it be heard by the adhoc court on the urgency basis now, so as to provide interm relief or temporary injuction?
Regards, Sagar
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup