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Manohar Manu (NA)     19 May 2016

Query on khatha transfer

Hi Legal Team,

My grandfather has 1 acre of land and did gift deed in favor of my mother. My grandpa’s relative filed a permanent injunction suit against my grandfather and his brother, though there was no cause of action.

Their ambition is just to harass us and they don’t want khatha transfer to be done in my mother’s favor on the basis of gift deed.

They gave a letter in revenue depatement stating not to change khatha, since the land is under dispute and court has granted temporary injunction.

My grandpa’s has one acre of and survey no. is 8/2 and his relatives have 2 acres of land and survey no. 8/1 and in the suit schedule property they have mentioned it clearly that injunction order for 2 acres of land.

My grandpa’s relatives not attending the case regularly and when they come, they’ll ask for long date and amending the application by altering the boundary. So that case consume more time.

Just to harass us they have given letter in revenue department and I explained concerned revenue officer about this, but he is not ready to change the khatha nor ready to close the case. If he closes this case we can go to higher court.

I gave a written complaint to District Collector against this revenue officer but no result.

Now my question is,  can we file a separate application seeking order for  khatha transfer in the same court?

Or is there any way to do the khatha transfer , since its pending from more than one year? Pls advice on this.

Regards,

Manjunath



Learning

 4 Replies

jyotirmaya behera (advocate)     19 May 2016

File a case for the direction of the early disposal of the pending case.

The case is pending therefore the officer don’t want to take chance.

 

Jyotirmaya Prasad Behera

Advocate

Orissa High Court

9861819294

rajuchowdappa   20 May 2016

Mr. Manjunath if you are from Bangalore then you can contact me to this number 9980635871. Advocate Raju

T. Kalaiselvan, Advocate (Advocate)     24 May 2016

Advocate Raju should refrain from soliciting business from this forum, this is not ethical.

The author may file an accplication to vacate the injunction and also should give a request applciation to the authority to transfer the khatha and get their reply in writing if they refuse to do so after which you can implead them as a party to this suit or can file a separate suit agaisnt the authority for a a direction to transfer the khatha on your mohter's name.

Manohar Manu (NA)     11 June 2016

Thank you Sir, we'll follow this.

Regards,

Manjunath.


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