Need help from senior advocates

Dear Friend

In your case, it would be best for the old lady to file a maintenance case under Section 125 Cr P C on her son. Rest hire a good advocate to look into the papers and fraud angle, if any.

Regards

VIRAJ KADAM

Advocate, Supreme Court of India.  

Thank you.  She needs her property. For her she has one more son who looks after her but she needs to live independently without asking any body for her personal purpose.

A person sells his land being the sole legal heir recorded in his late father`s name. The land is recorded in the name of his late father Mr. S.Singh and the person executes the registered deed of sale in favor of the buyer as Mr. M.Singh. The seller Mr. M.Singh does not have any voter card or pan card and he relies upon his ration card, residence proof from panchayat pradhan & bank pass book copy to execute the sale deed in favor of the buyer. The buyer takes takes pocession of the land and starts construction. After few months when the buyer had spent a good amount of money on construction on the said land, the buyer comes to know that Mr. M.Singh`s sons and their family members use various sur-names recognized as schedule tribes. The buyer enquires the matter with the seller (Mr. M.Singh) about their caste status and Mr. M.Singh clarifies that he along with his fore fathers belong to the general caste catagory and his children & family members are using the surname Khairwar (recognized as schedule tribe in west bengal) to get the benefit accorded to the schedule tribes in our constitution and he also executes an affidavit before the executive magistrate at the sub divisional court  stating that he along with his fore fathers belong to the general caste & few of his family people are using surnames to prove themselves as tribels. Then,nearly 2 years later, the seller complains to the district welfare officer for S.C/S.T that the buyer has forcefully got the land registered from him and he belongs to the schedule tribe community and the land registry deeds be cancelled and the land be given back to him. The project officer cum revenue officer at the district backward class welfare office issued notices to both the parties for a hearing on the matter. On the date of hearing, the seller Mr. M.Singh did not attend personally and sent his lawyer who explained that his client is actually Mr. M.Singh Khairwar and that his client is too old and cannot recall anything and that his client does not have any document or caste certificate to validate his claim, still he insisted that his client belong to the tribel community. On the other hand, the buyer presented copies of the land deeds, copies of the documents that the seller had presented while selling his land along with the copy of the affidavit that Mr. M.Singh had affirmed before the executive magistrate. Then, the Revenue Officer had asked from the sub divisional officer to enquire about the caste of the seller.Now, at this point, where does the buyer stand and what steps should he take to protect his property.