About service inam land karnataka village abolition act

This query is : Resolved 

24 January 2020

Dear Sir/ Madam,

I need your opinion regarding my Ancestor property a Land 2 acre Granted under Service Inam (Karnataka village offices) to my Grand father during in 1929, He had total 6 children 3 sons and 3 daughters And my Grand father died before 1960 and there after during 1967 As per opposition party he is saying my Father and one of my father's elder brother sold 2 acre to his mother with a sale deed, and all this sale deed transaction detail we came to know when we got order copy from Tahsildar in 2013 in the case running from 1982 where sale deed number mentioned in that Oder copy and As per the Order given in 2013 this land land sold in between 1963 to 1978 where no bar for alienation and before enactment of Karnataka village abolition Act and this is the case familiar to Basheer ahmed Vs State of Karnataka so sanction this land to Baravadar's legal heirs and Due to demise of Buyer make katha and RTC in the name of their legal heir by obtaining necessary application from them like how order given on 2013 order copy, And There after in 2013 we got summons from the opposite party saying You misreading the order and misunderstand the same by knowing order is given in favour of you, like that he mentioned in the summons and we did not attend court even he also not attend for that case and later that case disposed in 2017 by saying Seems Plaintiff not interested to prosecute the case There fore suit is dismissed for the default for want of steps like how given order for his case for summons in 2017. And after i obtained that certified copy of Sale deed from the sub register office in 2018 Due to my mother health issue i was not able to take action immediately since 2012 and still said land not regranted to any one, And now My question is my Father used to say when he was alive I did not sold the property to any one even not made any signature like that he was saying So i have doubt that It could be a fabricated sale deed, So in this regard please guide me how can i cross check the sale deed whether it is real or fake, also does Hindu succession act applicable to this property and as per that can i reclaim the land now, For my Father we 3 children and For my father's elder brothers One died without marry and another brother died without issue so we are the legal heirs left to my Grand father, So Can we reclaim the service inam land back to our possession, Is it possible Also want to Inform in 1967 my father age was 14 so is that sale deed be valid as my father was minor during that time if he really done that sale deed.

Raj Kumar MakkadOnline (Expert)
24 January 2020

The fact of the sale of the mentioned land came to your knowledge during the year 2013 during

Raj Kumar MakkadOnline (Expert)
24 January 2020

The fact of the sale of the mentioned land came to your knowledge during the year 2013 during the legal proceedings but you kept mum for next 7 years without initiating any action if you smell any foul game in the registered sale-deed allegedly executed by your father. It was required on your part to lodge police complaint apart from challenging the sale-deed before the civil court but......

Inam land also do come in succession and is duly entered in the revenue record.

Keeping in view the peculiar facts, it shall be advised on my side to contact local lawyer with entire papers of the land available with you.

Dr J C VashistaOnline (Expert)
26 January 2020

It is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding without waiting for an obligation of experts on this platform, which is bound to differ for lack of knowledge of facts posted and actual.

T. Kalaiselvan, Advocate Online (Expert)
05 February 2020

Firstly this is not ancestral property.
Even though it is inam land allotted to your grandfather, it devolved upon your father who is reported to have sold to a third party.
If you are confident that it was not sold by your father during his lifetime, then you can dig out the documents supporting your statement to file a case to cancel the alleged sale deed stating that it was not your father's signature in the alleged sale deed.
In my opinion it may be barred by limitation at this stage, hence it is doubtful that whether your case would be maintainable or not.
What is the opinion of your lawyer.
In any case it is not ancestral property hence you do not fight from that angle.

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