Ptcl case
mukunda
(Querist) 14 December 2012
This query is : Resolved
Hi
Mr Krishna has purchased a property in 1969 by bashachar, bashachar has purchased this land by krishna's brouther's in 1961. krishna's brouther's have sold this property by changening the syno, according to the village map its 66 but they mentioned as 112, all the revenue records till 2010 mentioned as 112 only, krishna as changed the syno from 112 to 66, now there is a person who say's that the property syno 112 was granted to his grand father so he has filled a ptcl case against krishna, krishna has transfered the property by gift deed to his grand son(first son's son) in feb 2011, in dec 2011 krishna died, krishna had not attended the case till death, krishna had 3 son's, krishna's second son has attended the court he is fighting, but the property is in name of grandson, the grandson has not received any notice from them, there r no revenue record's of both syno 66 and 112 before 1961 in taluk office, there is only a grant order copy, which says 112 was granted in the name of the applicant's grandfather name kaverga, in 66 the krishna's father name kaverga, both name's are similar, both belongs to the same cast, now what should the grandson do, should he attend the case or wait...
Raj Kumar Makkad
(Expert) 14 December 2012
Grandson should definitely join the case by filing an application under order 1 Rule 10 of CPC citing his position as owner to the disputed property.
mukunda
(Querist) 14 December 2012
1) ptcl act came only after 1978, so any land purchased on or before 1978 will it bind under ptcl act.
2) if both grantee and the present owner are from sc community will ptcl act apply
3) the applicant has been granted in land syno 112, and but krishna is in syno 66, with full position what will the court decide
Raj Kumar Makkad
(Expert) 14 December 2012
Your subsequent query has no link with the earlier query. Anyway your subsequent queries are also replied as under:
1. It shall be effective from the date of its notification even for the lands purchased prior to its enactment.
2. Yes.
3. If I shall deliver the decision then what is the job with the court?
