K.K.Ganguly
19 July 2011 at 17:00
Would the Ld. Experts opine on the following matter?
1) In the year 1950 3 persons namely X,Y & Z coming from erstwhile East Pakistan forcibly occupied the land of one Mr. Siraj situated at the out skirt of Kolkata.
2) The said land was sold to one Mr.A by Mr.Siraj in 1951 by a Sale Deed in his name,
3) One Mr.B filed a partition suit in 1955 making Mr.Siraj, his nephews & also Mr.A as opposite party who never appeared in any hearing. The Judgement was given in 1975 stating that the land is of Mr.B though it is in the name of Mr.A. (I.E. it was a Benami Property). The order was given for partition. A did not understand all hese things and kept quite.
4) X,Y & Z went up to High Court who affirmed the above decision of the lower court.(Barasat District Court),
5) Now A died after which his wife willed it to her nephew P who also died after taking Probate & his daughter Q claims to inherit the property.
6) Now the decedents of X filed title suit against B claiming adverse possession of which A was the power of attorney holder for B. The suit was rejected.
7) The decedents of B sold the property to R who has filed a title suit against X,Y & Z who are still the occupiers,
8) In that T.S filed by R against X,Y & Z, an appeal was made by A for being a party to that suit claiming for the first time that he is the owner of that land. This appeal to become a party was rejected by the magistrate stating that (a) he was the Power of Attorney holder for B in their T.S for the same land against X,Y, & Z (b) he was never present in any hearing of his application &(c) he has not attached copy of the probate. P was bed ridden at that time for which he could nott attend the Court & died after 6 months.
9) Q the daughter of P (who was the wife of A)now sold the property to one Builder innocently.
10) The builder later on came to know the defect in title in that property and has given 5 days time to return the money including the Registration cost (Rs.10 lakhs) or correct the defect in title otherwise he will file FIR and get her arrested.
The back ground that A is he was an innocent and uneducated priest totally under the clutches of B who was a cunning the then Jaminder of East Bengal. All the decedents of A are still very poor uneducated people. The present owner (claimant/seller) Q is a private Ayya who all along knew that the property is of her forefathers and also that once an unknown person was presented before the judge by decedents of B claiming to be P who stated that he is not he actual owner.
My question is
a)what should be done now to save Q, the poor lady?
b) What should be done to ensure that the property goes to her & prove that it was not a Benami Property in the name of her ancestor & that they cold not fight the cases because of their lack of education & money and also that they were in the hand of the then Jaminder B. She has one affidavit given by the decedents of B (out of 4) which states that the property belonged to A.
It is a life and death question for her now since she has already spent the money to repay loans.
Would any Advocate practicing at Kolkata like to take up the case aggressively?
Thanks in advance.
Anonymous
19 July 2011 at 15:27
Mr. A execute a registered Power of Attroney(POA) in favour of Mr. B. Registered POA signed by both i.e. Mr. A & Mr. B. Later. Mr. A cancelled the registered POA thr. registered deed. In cancellation of POA, Mr. A signed not Mr. B.
My question is that there is ruling that cancellation of POA,signed by POA's holder.
Please give citation.
Anonymous
19 July 2011 at 15:06
Dear Experts,
Kindly elaborate on REVOKED and Gift deed. How is the WILL deed different from gift deed.
Regards
Anonymous
19 July 2011 at 14:55
Please note last two lines of the questions.
All legal heirs and legal heirs of the legal heirs have mutually decided that flat should be transfered in one name and thereafter he/she should be devided into 8 parts, Is it possible?
C.A Alok Mukherjee
19 July 2011 at 14:49
This is for academic purpose only. Can any body provide me a draft title deed of devolution?
kingshuk
19 July 2011 at 13:12
I have a query regarding my mother's share in her paternal property.
The case is:
Grandfather of my mother was the sole owner of a property, and he died before 1956.He had 8 sons and 3 daughters.But he did not given his property to any one i.e did not write any specific will.After his demise,the property is mainly shared by his 8 sons.In turn these 8 sons had their sons and daughters.It needs to be mentioned my mother is daughter of one of these 8 sons.Now a situation has come, when they want to sell the property.
But my maternal uncle(brother of my mother) is claiming that as grandfather of my mother is the owner of the property and he did not give it to any one,so according to Mitakshara law, my mother will get only 25% share.One thing,I need to mention that my mom's dad died in 1990 and property is still undivided.
My mother is confused about her share,please help me to help my mother..
key points
1.My mother's grandfather --> sole owner,she is the third generation.
2.He died before 1956
4.He had 8 sons 3 daughters(2nd generation)
3.He had not written any will for his property
4.After his death the property is mainly shared by mainly by his 8 sons
5.My mother --> daughter of one of these 8 sons
6.My mon's dad died in 1990
7.He also had not written any will for his property
8.Property is still undivided and joint among the sons and daughters of 8 sons(2nd generation)
9.Now ,my mom's brother is claiming,since the property till date is entitled to my mom's grandfather(as he did not will it to any one) and he died before 1956,my mother will get only 25% share, according to Mitakshara law.
please guide me..please.....it's urgent
sunithrani
19 July 2011 at 12:57
Sir,
my mother received a gift deed of 2 acres property from my grandmother.1973 our of the 6 acres she was owning in Andra Pradesh . But recently when we got our details from Register office my mothers property and her mothers property are still in theri names only as per the EC records. . Since we had our cousins my motehr had given her property for her bortherin law to growing crops as he had 5 daughter and they had difficult times ( verbally agreed). Yield from the land was taken by him . After his death when my mother went to take custoday of the land. She can to know that he has taken some pass books in his name and given it to two others
How it is tranferred is not know to us since my mother's , borther-in-law has died. When we approach the Tashildhar he told us to come and he will enquiry about the above situtation and we had gone to tashildhars office for meore than 5 times and person whosenames are mentioned in the pass book are not coming to the office ( that is the version of the office staff in the MRO office) and they are not showning us the address of the person who's names are entered and physical the person is not appearing in front of us to show documents.
Reply from the Tashildhar
We met the tashildhar and we had given the details of the property to them and now the tashildhar is saying since it the property of my mother is being forged by my mothers sisters husband and he has created the pass book and sold it two other persons. what should we do now.
kindly advice at the earliest. in andhra how to get the pass books cancelled and some people are advicing to go and contact the district collector and show proofs for benami pass book and get it cancelled. is it true.
So I want to some one to give us good advise how to get back our property. whether we have to go to the court of law or to collector please advice.
1Share
Previous
Next
Anonymous
19 July 2011 at 12:28
Dear Sir,
We have purchased land in 1990 at Thane Mahanagarpalika) municiple area.The land petaining to Kulkayada.So we have taken land with sale permission in 1990 , but the sale permission (for sale) is in the name of XYZ person & land has purchased by ABC person.
Now the SDO is not ready to add our name in 7-12 due to this differance in name.
Request you to advice us.
Regards,
Deepak
Anonymous
19 July 2011 at 10:54
PL.SEE THE LEAVE & LICENCE AGREEMENT IT IS CORRECT OR NOT. & TELL ME ON RS.100/- STAMP PAPER THIS AGREEMENT MAY BE EXECUTE OR NOT & IT IS NECESSARY FOR THE OWNER TO GET REGISTERED OR NOT. IF I WANT TO GIVE FOR 3-4 YEARS THEN LEAVE & LICENCE IS BETTER OR LEASE DEED WHICH IS BENEFICIAL TO ME IF DISPUTE IS ARRISED.THE PROPERTY SITUATED IN AMRAVATI MAHARASHTRA
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
DEED OF ASSIGNMENT.
PROCEDURE FOR THE REGISTRATION OF DEED OF ASSIGNMENT IN KOLKATA WESTBENGAL...?