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property dispute

Querist : Anonymous (Querist) 13 May 2011 This query is : Resolved 
hello sir this matter related to me and my bhabhi [ elder brother's wife].she applied for succession certification in session court.that i objection for it because she was not legally wife of my brother . session court decision in my favour . during the case judgement the compromise between me and my brother's second wife.according to compromise one agriculture land 17 acre to give me and another agriculture land which was 45 acre to give to my second bhabhi . she was agree for this share and signature on draft infront of session court.session court agree and degree according to compromise.after compromise we gave application to tehsildar for mutation according to compromise in session court.but tehsildar not fill the mutation according to decision only filled the fotetgi mutation [ each land 1/2,1/2 share ].after then i admit suit to ACM COURT for injunction to my property and remove the name of my bhabhi which 1/2 named in my land.during this suit my bhabhi sell this property which is my possession to another . then i lodge a criminal case 420/120b against her in munsiff court. after investigation the court judgement to my favour and order to 1 year prison to her.she apealled in upper court but upper court decision to favour in my bhabhi to saying her name in said property.which was wrongly came in my property and suit is running in court. so i want to suggestion about this matter. now what to do for it . i already apeal for it in high court which is pending since 2007
Devajyoti Barman (Expert) 13 May 2011
The appellate court can not comment on the title of the property as it is exclusively within the jurisdiction of the civil court. So that judgement needs to be perused.

In any case if the decree of the civil court as regards the title of the said property is in your favour then you could recover the value of that property from her.
Raj Kumar Makkad (Expert) 13 May 2011
File execution petition before lower court and get the mutation entered and you should be prepared to challenge the illegal sale made by your Bhabhi ji.
Querist : Anonymous (Querist) 13 May 2011
what will be do for it. pls suggest me
Querist : Anonymous (Querist) 13 May 2011
sir
already entered my name in mutation but only 1/2 share
Querist : Anonymous (Querist) 14 May 2011
sir
actually the judgement for succession certificate in session court in my favour and legally heir to my brother property and reject to my bhabhi because she was second wife of my brother and had no child
after then she apealled to high court during admit the apeal compromise between me and bhabhi.according to compromise we get possession on land and also to fill mutation in land according to mutation .tehsildar fill mutation but only combined mutation in my possessed land and my bhabhi's land . when i told to tehsildar to share land according to compromise but he told me he has no right for divide the mutaion only right to it ACM COURT.so i file suit for divide the mutation of my land and remove name of my bhabhi from mutation that is my recordly and physically in my possession. during suit in acm court my bhabhi sell the land to another men but she knew that she has no right to sell it .and also knew suit was pending in acm court.so i compain lodge to police station further investigation she arrest and court order to 1 year prison .after she apeal in upper court but upper court judgement to her side . the upper court reason for 1 year prison reject that her name in mutation. but i want to know it mistake is tehsildar which not divide the land mutation according to compromise between me and bhabhi. now i have apeal to high court in criminal revision since 2007 now still in pending . pls give me good suggestion for it and any doubt pls ask me
R.Ramachandran (Expert) 14 May 2011
Dear Mr. Anonymous,
Are you fighting this case yourself in person or through a lawyer?
Querist : Anonymous (Querist) 14 May 2011
through lawyer why sir?
pls suggest me
Querist : Anonymous (Querist) 14 May 2011
u have any court decree to related my case or act use for me. pls guide me
R.Ramachandran (Expert) 14 May 2011
When already your lawyer is handling your case, you should consult him and act as per his advice. He is the best judge, since he knows your complete matter and where the matter stands.
Querist : Anonymous (Querist) 16 May 2011
sir
i want to know any person can registry to any land which is no possession in hand .it's possible


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