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Q Slinger (NA)     31 October 2014

Property illegally transferred by uncle

Dear Experts: My uncle illegally transferred the land on to his name. The following explain in detail

 

- Land was under my grandfathers  name and he died when my father was 2 years old. My father is the only son.

- My uncle (Grandfather's brother's son) (my father's cousin brother), filed false affidavits and gave false evidence that he is the only surviving son of my grandfather and got the land transferred to his name.

- We found out but filing case is too expensive for us so decide to approach Tahsildar in 2013. We also highlighted this scam to MRO, RDO, Sub-Collector, and Collector. Collector issued a directive asking Tahisldar to investigate the matter in Oct 2013 but he still has not done it. Every time we call him, he gives us an excuse.

- My uncle is in the process of selling the land

 

Questions:

1. Is there anything we can do to stop my uncle from selling the land? If yes, what is it?

2. Is there anything we can do to get the Tahsildar to expedite the investigation?

3. The Tahsildar is the one who transferred the land to my uncle's name. Now he seems to have colluded with them to prevent the investigation from happening which in turn is giving my uncle time to dispose off the land. Can I take any action against the Tahsildar? Can I file cases on him for corruption or dereliction of duty?

4. Who else can I approach to get this land issue solved? None of the officials are taking any interest in this matter although everyone is aware that the land was illegally transferred. Who is the higher authority I need to approach to get this matter resolved?

5. Can I take any action against my uncle?

6. What other alternatives do I have, other than approaching the courts?

 

Appreciate all the help.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 October 2014

You can file petition for injunction order. An injunction is an equitable remedy that comes in the form of an order by a court. The order will direct a person to do something, or refrain from doing something. A common example is an injunction that orders a person to stop harassing another person, by staying a certain number of feet away from the harassed person, or that prohibits the harasser from contacting his victim.
 

Dalip Singh (Advocate)     05 November 2014

The best remedy is to file  a suit for declaration and permanent injunction and immediately file an application for stay in the suit so that your uncle cannot sell the land.   Once the suit is filed and the stay is obtained, your uncle cannot sell the land nor Tehsildar can do anything.  Filing complaint against Tehsildar or any other alternatives are waste of time.  Efficacious remedy is to approach the court only.  You hv spent so much time, money and energy in meeting Tehsildar and in other remedies which is of no use.  So, pls knock the door of court to get relief to get back the ownership and possession of the land.   Had you approched the court well in time, you would  not  have faced such problems.  For land, Jats sacrificed their lives and you cannot spend some money to get back your land b.y filing the suit which is the only remedy.


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