Ahishek Shinde
17 August 2012 at 13:51
Hi,
In 1987, my uncle had filed RTS appeal in Revenue Authorities court against partition mutation entry.
In the same year he also filed RCS suit for partition in Junior division of Civil court.
In 1991, first appellate court from Revenue Authorities (Sub-Divisional officer) gave judgement and order to re-partition the subject land.
In 1991 itself, RCS suit in civil court was dismissed as it was not containing all family members and all land and house property.
In 1992, my uncle modified the suit in civil court with correction of all lands and house property and also included all family members.
In 1995, second appellate authority (District collector) from Revenue court confirmed first appellate courts judgement and order.
Meanwhile, my uncle managed to enter his name on 7/12 giving reference to First and Second appellate orders from Revenue Authority. He mis-interpreted the order and entered his name illegally. He marked his share as one third though it was not in the order.
My father applied for revision to higher Revenue authority (Divisional commissioner) in 1995 itself. Now this revision has been came on the board for proceeding.
In revision proceeding my uncle produced certified copies of junior division civil courts order of his one fifth share. This order is given in 1996 and my father was absent for this civil court's proceedings. We were not aware about this order.
I am planning to appeal against civil court's order in district session court.
Can Limitation Act 1963 section 5, 14 and 17 help me in delay condonation?
RTS revision case is in proceeding in Revenue Commissioner's court about the same land.
Thanks,
Abhishek
swagata sen
13 August 2012 at 17:45
CAN ANY ONE CLEAR MY CONFUSION FOR THE ABOVE MATTER:
WHETHER A DECEASED BROTHER'S INTESTATE PROPERTY CAN A PRE-DECEASED SISTER'S LEGAL HEIRS INHERIT.
AS PER ME REF:8(B) AND CLASS II (IV).
AN PLZ SEND A CASE LAW.
REGARDS
SWAGATA SEN
Shaikh
11 August 2012 at 12:29
(CANCELLATION OF MUTATION ENTRY)
WE ARE CO-OWNER IN UNDIVIDED AGRICULTURAL LAND. SOME OF THE CO-OWNERS HAVE SOLD THE LAND. THE PURCHASER (FILED CASE) IS CHALLENGING THE MUTATION ENTRY OF CO-OWNER WHO HAS NOT GIVEN HIS CONSENT.
1) HAS THE PURCHASER GOT RIGHT, AS PER MLRC 1966 TO CHALLENGE THE MUTATION, IN THE REVENUE COURT AGAINST THE CO-OWNER'S MUTATION ENTRY.
2) IS IT TRUE THAT MUTATION ENTRY OF A SUCCESSOR CAN BE CHALLENGED ONLY AND ONLY BY OTHER SUCCESSOR'S.
3) CAN A BUYER, PURCHASER OF LAND, CHALLENGE THE MUTATION ENTRY OF CO-OWNER/SUCCESSOR.
3) Under what section of MLRC 1966
it says that ONLY WARAS (SUCCESSOR/CO-OWNER) CAN CHALLENGE THE MUTATION ENTRY OF OTHER WARAS (SUCCESSOR/CO-OWNER).
Shaikh
11 August 2012 at 12:14
(CANCELLATION OF MUTATION ENTRY)
WE ARE CO-OWNER IN UNDIVIDED AGRICULTURAL LAND. SOME OF THE CO-OWNERS HAVE SOLD THE LAND. THE PURCHASER (FILED CASE) IS CHALLENGING THE MUTATION ENTRY OF CO-OWNER WHO HAS NOT GIVEN HIS CONSENT.
1) HAS THE PURCHASER GOT RIGHT, AS PER MLRC 1966 TO CHALLENGE THE MUTATION, IN THE REVENUE COURT AGAINST THE CO-OWNER'S MUTATION ENTRY.
2) IS IT TRUE THAT MUTATION ENTRY OF A SUCCESSOR CAN BE CHALLENGED ONLY AND ONLY BY OTHER SUCCESSOR'S.
3) CAN A BUYER, PURCHASER OF LAND, CHALLENGE THE MUTATION ENTRY OF CO-OWNER/SUCCESSOR.
3) Under what section of MLRC 1966
it says that ONLY WARAS (SUCCESSOR/CO-OWNER) CAN CHALLENGE THE MUTATION ENTRY OF OTHER WARAS (SUCCESSOR/CO-OWNER).
M Satyanarayana
08 August 2012 at 08:48
Sir,
I am the 2/3rd shareholder in the partition suit. I filed final decree proceedings. During the final proceeding against party in the suit filed unregistered and unstamped relinquishment claiming my 2/3rd share in the property. I denied the relinquishment deed and objected the documents. The Hon'ble court set aside for considering the same at the time of final decree. Now a dummy claimant who is related to the against party filed a claim petition claiming 2/3rd share in the property. What is the remedy to defend myself against such frivolous and vexatious litigation. Again and again I to prove and defend myself. There is no end for such litigation. The partition suit is 18 years old. Still I have not got possession of legitimate share in the property.
Please advise me.
MSN
Prabhakar
07 August 2012 at 16:39
Sir,
I am not sure whther My below details comes under Civil law/Property law. However, I would like to seek an expert opinion from Bangalore Lawyers.
I have constructed My independent house with stilt (Meant only for parking) in Bangalore in the year 2004 and have been living happily for the past 8 years. My site measurement is 50'X40'. I have left set back area in all the four directions as per by laws. I dont have any problem with any of our neighbours (Adjoining)Recently (About an year before), the building owner (Owner's son) who have come after 8 years from Chennai exactly behind our building has been creating nuisances.
There was a partition wall which was existing (Back side) which I perceive it as common. All we did was extended this common partition by another 2ft and put steel mesh in order to have privacy and security to our building. This was done duly informed to the owner who was in Chennai at that time and had taken their permission. Now after 8 Years he has been raising hue and cry that we have violated all bylaws of building etc. We have left 3ft of set back area between perttion wall to our building structural wall. The set back area is filled with concrete and tiles have been concreted so that no wet surface enters from our building to his side as he pwerceived to be.
- First he came to us stating that the leakages has been found in their area due to the stilt built by us which according to him has been coming out of our building.
- He states that the extension of partion wall and placing of mesh has been damaging his foundation/structures etc.
In addition to this he has made many other absurd allegations like the flower bed which have made on one corner also reason for seepage etc.
I would also like to point one point that the common platform built by him apparently not stright, infact on one side where I am supposed to get 50' length, has been measured and found only 49'6" which I think is a strong point for me to take it up.
As a person he has already created problems with other neghbours in the same road where he stays. It has also reached police authirity.
I would like to have an expert lawyer opinion and also suhggest me an honest lawyer who can handle My case as he has already sent summons to me. There are some more details are there once I get prelimiary reply from you.
Response is appreciated.
Rgds,
prasad
06 August 2012 at 17:26
Kindly Advice.
I am in rent in a house for more than 10 years. I use it for my office. I used to rent two parts of the building before and it was 22 years ago. I returned one part. The present house i am using as my office is with us for more than 10 years. In between the the landlord -the original owner Mr.Papanna had died long back and his son Mr.Sidderwara had rented this house to me. He also died some 8 years ago and i have transfered the rental agreement to his wife Mrs. Sharadamma. This people have no children. She lives in another house in the same building. The main house and our is a side house. she lives with her brother and sister in law. Now Mrs. Papanna and her daughter have claimed their rights and have gone to court and they have made me also a party to the case. I did not go to court because it does not interest me, as their family dispute. I used to pay Rs.3200/month as rental/month and have paid an advance of Rs.50,000.00. Now the rentals in the area have gone up very much more. The building is also 45 years old and the present owner Mrs. sharadamma has asked us to vacant the house in three months. I have no intention of troubling them, but i have my own constrains and i do not have enough money to move to another house by paying more rent. She has not taken the rent for this month. What is the solution. Can I take some more time from the court -Same court which has the family case going on or i should approach another court for little time. Or should i just wait till the advance money just gets adjusted in the rent. What might be the costs for going to court. -Thanks for your help in advance. -Prasad.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Land dispute
Dear Sir,
I own a land which I got through my ancestors in my village . I stay far from my village. I use to visit it yet times ofcourse not frequently. It was occupied by a person belonging to that village. He is completely an outsider to me.
I filed a case and issued legal notice to him to vacate that land. He gave a reply saying that the land belongs to him.
I know that justice is on my side. Trials got started in court. yesterday I went to court and my lawyer asked me all the details regarding my land. and my lawyer asked me to get prepared for cross examination by other lawyer .
Can some one explain me what kind of questions I can expect by opponent lawyer in cross examination
can some one give me any extra tips to get the case successfully completed on my side AT THE EARLIEST ?