Land
raghavendra
(Querist) 28 October 2011
This query is : Resolved
sir,
whole land was in my father name and possession after he expired , my maother and i is in possession, now i come to know that my father brother sons done all the land in his name through mutation entry , i file the case before Assistand commissioner case is dismissed ,on the ground the mutation entry is courrect and i was not brought the legal representative of the one respondent ,
than i filed revision before DC there also dismissed the case and said legal representative is mandatory ,
now my question is what could a take further steps to ,take my land back
these are all happend due to my ignorance me and my mother is illeterate ,help me thank you
Devajyoti Barman
(Expert) 28 October 2011
Corrections in mutations would be of no help as it is not a proof of tittle .
If your father has not transferred it in his lifetime or executed aWill in their favour then immediately file a suit for partition claiming your due share in the said property or any other properties left by your father.
You should also pray for temporary injunction against then so during the trial of the case they may not transfer the property.
prabhakar singh
(Expert) 28 October 2011
Yes! Now contesting mutation is simly an use less effort,
You need to file a title suit for declaration
that after death of your father you and your mother are the legal heirs as per law and your father's brother sons have no right title in the property,a legal notice would be required to be served on state and village Gaon sabha giving 6o days time to them to correct the records in your favor.Relief of injunction against them should also be sought for restraining them from any third party sale or interfering in your possession and cultivation of showing
crops and using the land as you wish as owner.
you need a Revenue lawyer to be engaged for purpose of a good standing without which you can not do things required on your own.
Sankaranarayanan
(Expert) 28 October 2011
yes i do agree with mr barman suggestion .
raghavendra
(Querist) 28 October 2011
by paying bribe to the concerned authority they transferred katha in there name ,
before Defuty commissioner case dississed on the ground that i have not brought the legal representative on record ,
also stated mutation entry is based on "kraya", kraya is also in there name thats why mutation entry is correct ,and dissmessed the case
now i would like to file appeal Karantak appellate tribunal ,
also i hafve filed the declaration suit in civil court .
raghavendra
(Querist) 28 October 2011
my question is what document shows my father was having the kraya .
prabhakar singh
(Expert) 28 October 2011
Kraya if denotes to Hindi word whose English word is "purchase"
All states have there own land reforms Act,hence only a person from your state can guide you more properly.I am from UP while Mr. Barman is from WB.
M V Gupta
(Expert) 29 October 2011
You should come out with full facts of the case. You now state that there is Kraya(sale deed) executed by your father in favor of his brother's sons. If the Kraya has been properly stamped and registered, then the mutation effected in the property card is legally valid. In these circumstances on what grounds you have filed suit for declaration?
Sailesh Kumar Shah
(Expert) 29 October 2011
I have same question as asked Shri M V Gupta ?
