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Preetesh Agrawal (Director)     08 November 2012

Ancestor property dispute

Dear sir,

i purchased 3 acre land from ramesh,rahul &sanjay.this land was ancestral property of nagar family.ramsing,subhash & kailash nagar.they have this land from forfathers.they have leagle partition of such land and seperate khasra nos and name in revenue records.in 2007 ramesh rahul and prateek purchaced this land from ramsing subhash & kailash.subhash & kailash execute sale deed in 2007 with sign of all family members jointly to rahul sanjay & prateek.while ramsing execute sale deed of his 1 acre to rahul sanjay & prateek by single his own signature.ramsing has two sons amit & shyam.now by total 3 sale deeds rahul sanjay & prateek bought 3 acre land & mutation had done in favour of these three buyers.in land revenue records these 3 acre land owner name was rahul sanjay & prateek.in 2010 ramsing passed away.after6 month  amit also passed away.amit was married had one son from wife rita.after that shyam filed a suit in 2010 against rahul sanjay & prateek that they had produced registry of his ancestral property 1 acre forcely and by pressuring his father ramsing without concent of him.meanwhile prateek sold his share to ramesh and sale deed was produced in 2011 jan but before mutation of ramesh from prateek shyam brought stay on mutation.case was continue till march 2012 shyam alone fighting this case while his mother (wife of ramsing)rita(wife of his brother amit)was not with him in such case and they are in aposse.shyam also make party to mother & rita.

in apr 2012 i purchased such land from ramesh sanjay & rahul.i made sattelment in between shyam & ramesh,rahul,sanjay.shyam withdraw his case,make a concent of himself,mother & rita on a 100 rs stamp & notarised it that they dont want any right in such land.stay withdrawed.mutation done in favour of ramesh in may 2012.now as per the land revenue records owner of these 3 acre(3 khasra) are ramesh sanjay & rahul.then in may 2012 all these 3 partner execute sale deed in faovour of me & my brothers as per our choice of requirment(we have parted evry khasra no in little parts) .before that a legal partition was done and map & khasra no changed as per the partition.i also published ZAHIR SUCHNA in state lavel news paper & give time of 15days for any objection.but not recieved any objection in such time limit.after complition of time limit sale deed executed in favour of us.mutation also done in our favour,again map & khasra nos changed due to partition.now in land records owner of that land are me & my brothers.

my brother plan to divert  that land from agri to commercial.noc & permission from tehsildar,patwari,town & country planning was obtained.when local body publish a Zahir Suchna in news paper that we are going to divert this part of land from agri to commercial if anybuddy has any objection pls submit.

rita admit an objection that she has a right in such property of his father in law & should not be diverted,she wrote that she will file a suit for her right in this property.

IS SHE REALLY HAVE A RIGHT IN SUCH SITUATION.CAN SHE STOP DIVERSION PROCESS.WHERE ALMOST 5 YEAR COMPLETED TO SALE OF SUCH PROPERTY BY HIS FATHER IN LAW.4 TIMES MUTATION WAS DONE,MAP WAS CHANGED,PARTITION WAS DONE,KHASRA NOS ALSO CHANGED,PROPERTY WAS SOLD 3 TIMES.

PLEASE ADVICE ME ACCORDING TO LAW & ACT.



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