Unable to transfer name of agricultural land


Dear All,

I need some advice regarding my issue so please help me in this..

I have an agricultural land in my village of Uttar Pradesh but i and all my cousins living here in mumbai from last 3 decades.

The land is in the name of my father and two uncle.

My father and one of my uncle expired few years back.

Now i want to sell my land with concent of my uncle and my cousin brothers.

The problem is my bua's (Aunt) son don't want us to sell that land as he wants to acquire that by wrong means.

He don't have any documents then also he is doing this with the help of one lawyer who is helping him in his wrong doings.

He had put a stay on transfering the land and want 50000 as his fees for taking care of that land which we agreed to pay after sale of the land.

Now he is giving silly excuses from last 10 months and not allowing us to transfer the land.

Now i want to know how and whom to give complaint against that lawyer and what action should i take against him ?

Any lawyer from kanpur or unnao here ? Other experts please guide me..

 

Thank You..

 

 

 
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Retired employee.

You have to trust and follow the guidance of local advocate, and you will get confused with such information received from various sources.

 
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There are many cheater and lazy advocates who just care about money and they don't even take interest in the matter.

I tried with 2-3 advocates but they were just asking money without doing anything and wasted my 2 years.

I will pay double their fees but only when my case is solved and the property gets transfered.

Are there any lawyer who will agree with this condition ?

 

 
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Retired employee.

Of course, there may be many and you have to hunt for those who are sincere and dedicated to the profession and convince them with your sincerity and confine yourself to inform facts and not to disturb them with half backed knowledge.

The stay may not be permanent, and you might have already stated your grounds in court for lifting the stay.  The advocates has to study the land records, possession and other factors and if the advocates are local, they can guide you in proper manner.

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

You would always need to establish a clear title to stake your ownership. You would also need to change the ownership of the said piece of land or house in the name of the current living legal owners to avoid any fraud. Moreover, in case any fraud takes place, there needs to be clarity on the title to contest the case.

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Illegal transfers can happen in three main ways:

  • First, when there is forging or fabrication of documents like Wills – that is, making fake Will documents. This could be done by somebody to deprive the other shareholders of their due share. This is one of the most common methods, and here the defaulter takes advantage of the absence of the others and provides fake ownership to get control. For any mutation to happen, any one owner has to inform about the death of the previous owner. At times, one owner decides not to give the details like these for his selfish motive.
  • Second, impersonation is one of the common methods used too. In such cases, one party impersonates as a shareholder and produces himself in court for the same. Some of them are successful too. They manage to go and stake a claim on what belongs to somebody else. Therefore, a careful and proactive approach should be followed by all owners to avoid these fraudulent practices.
  • A third very obvious way is the misuse of the Power Of Attorney (POA) documents. In a host of cases, people end up giving general, non-restrictive POAs to their friends or relatives. In a lot of situations, people misrepresent, and there is a betrayal by even family members or close relatives, who give proof of utter mistrust and get properties transferred in their names. It is therefore advised that utmost care should be taken while granting a POA to anybody. Do not ever give any additional powers or you stand the risk of having them misused by vested interests.
 
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Advocate

Is your cousin claiming any right in the land? If so, how? How your father and uncles had acquired the property? Who is in possessio/occupation of the property?

 
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Originally posted by : P. Venu
Is your cousin claiming any right in the land? If so, how? How your father and uncles had acquired the property? Who is in possessio/occupation of the property?

He is not claiming any right. He is just not allowing us to transfer this land as he thinks that one day we will fedup of this and forget about this and then he will sell it by making fake documents.

As we are living here in mumbai and the land is in Uttar Pradesh and he thinks that if he do this we will do whatever he wants.

Someone please tell me where to complaint against lawyer ?

 

 
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Originally posted by : G.L.N. Prasad
You have to trust and follow the guidance of local advocate, and you will get confused with such information received from various sources.

Please tell me where to complaint against lawyer ?

 
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Advocate

The situation explained is unconvincing. Carrying out mutation is the responsibility of the revenue authorities.

 
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