Claiming back minor property
koteswara rao jonnalagadda
(Querist) 14 June 2013
This query is : Resolved
TO,
THE EXPERT LAWYER.
SUB;; REQUEST FOR VALUBLE ADVICE ON “MINOR PROPERTY”
RESPECTED SIR,
WE ARE SETTELED AT HYDERABAD.MY NAME IS KOTESHWARA RAO.J, IAM A COMMERCE GRADUATE FROM NAGARJUNA UNIVERSITY, IN THE YEAR 1997.MY DATE OF BIRTH WAS 10-08-1956.
I WAS MARRIED IN THE YEAR 1980, MY WIFE IS A GOVT EMPLOYEE.I WAS BLESSED WITH TWO DAUGHTERS, THE ELDER ONE TOOK BIRTH ON 27-04-1982, and THE YOUNGER ONE TOOK BIRTH ON 01-01-1984.
I WORKED WITH A FOOD INDUSTRY SINCE 1978 AT HYD .THIS IS A BRIEF NOTE ABOUT MY FAMILY.
AT THIS JUNCTURE MY SELF AND MY WIFE GIVEN A SERIOUS THOUGHT TO BUY SOME HOUSE PLOTS AT OUTSKURTS OF HYDERABAD FOR MY DAUGHTERS.ACCORDINGLY WE SPREAD THE WORD IN OUR KNOWN CERCELS.
IN THE YEAR 1987 I WAS POSTED AS INCHARGE FOR A.P.MARKET FOR MARKETING MY COMPANY PRODUCTS, IN DISCUSSION OUR GUDIVADA DEALER TOLD ME THAT HE AND HIS RELATIVES ARE HAVING THREE HOUSE PLOTS AT POSTAL & AUDIT SOCIETY, HYD. WHICH WAS PURCHASED BY THEM IN THE YEAR 1968 THROUGH SOME OF THEIR RELATIVES WHO WERE THE POSTAL EMPLOYEES.
AFTER COMEING BACK I DISCUSSED WITH SOME OF OUR FACTORY EMPLOYEES,THEY SAID IT WAS A UP COMING AREA AND BEST SOCIETY,MORE OVER THIS PROPERTY WAS VERY NEAR TO OUR FACTORY,LIKE THAT WE TOTALLY CONVINCED TO BUY,I REQUESTED FOR XEROX COPIES OF THE SAME,HE ARRENGED THE PAPERS.
ON 18-07-1987 I WROTE A LETTER TO “HYDERABAD URBAN DEVLOPMENT AUTHORITY” REQUESTING FOR LAND USAGE CERTIFICATE.
ON 05-01-1988 THEY WROTE A LETTER STATEING THAT IT WAS EARMARKED FOR CONSERVATION AND 100 FEET ROAD, THE LETTER NO WAS 18014/HUDA/1987 DT 05-01-1988.
ON RECEIPT OF THE SAID LETTER I WAS IN DIALAMA FOR SOME TIME AND I HAVE GIVEN A COPY OF THE LETTER TO OUR “SELLER” FOR HIS KNOWLEDGE. BUT SOME OF MY FRIENDS AND RELATIVES TOLD ME TO TAKE RISK ON IT,ACCORDINGLY I HAVE STARTED HEGOSIATING WITH SELLER,AND ARRIVED A FAIR PRICE OF RS 80/- PER SQ YARD .
ALL THE THREE PROPERTIES ARE IN THE SAME LAY OUT AND EQUALENT AREA SUCH AS EACH ONE WAS 416.6 SQ YARDS.
PROPERTY ONE;
THIS HOUSE PLOT PURCHASED ON MY ELDER DAUGHTER NAME, IN THE MONTH OF JULY 1998.
BY THIS TIME MY DAUGHTER AGE WAS 6 YEARS COMPLETED AND ENTERED IN 7TH YEAR.
SHE WAS HAVING MINOR S.B.A/C AT INDIAN BANK AND OPERATING BY ME.SHE GOT THE MONEY FROM HER GRAND PARENTS, RELATIVES AND MY AND MY WIFE FRIENDS ON THE OCCATION OF THEIR BIRTH DAYS.
SAME IN THE CASE OF MY YOUNGER DAUGHTER ALSO.
DETAILS OF THE FIRST PROPERTY PAYMENT.
A.ON 24-07-88 VIDE D.D.NO-211113 OF INDIAN BANK-CEC-HYD RS 7880/-
B.ON 27-11-89 VIDE D.D.NO-772540 OF SYNDICATE-SEC-BAD RS 10,000/-
C.ON08-08-91 VIDE D, D, NO-553335 OF INDIAN BANK-HYD RS 5000/-
D.ON 27-05-93 PAID IN CASH AT REGISTERED OFFICE AT THE T TIME OF REGISTRATION RS 10,620/-
TOTAL RS-33500/-
PL NOTE THE ENTIRE MONEY PAID FROM THEIR MINOR MONEY ,AND FILED THE INCOME TAX RETURN AND PAID THE INCOME TAX APPLICABLE.ALL RESPECTIVE CHALLANS AVAILABLE.RESPECTIVE INCOME TAX ORDERS ALSO AVAILABLE WITH USE.SINCE SHE IS A MINOR THE I.T RETURN CLUBBED TO MY I.T A/C
PROPERTY TWO;
THIS HOUSE PLOT PURCHASED ON MY YOUNGER DAUGHTER NAME, IN THE MONTH OF MARCH 1998.
BY THIS TIME MY DAUGHTER AGE WAS 4 YEARS COMPLETED AND ENTERED IN 5TH YEAR.
SHE WAS HAVING MINOR S.B.A/C AT INDIAN BANK AND OPERATING BY ME.SHE GOT THE MONEY FROM HER GRAND PARENTS, RELATIVES AND MY AND MY WIFE FRIENDS ON THE OCCATION OF THEIR BIRTH DAYS.
.
DETAILS OF THE SECOND PROPERTY PAYMENT.
A.ON 03-03-88 VIDE D.D.NO-831921 OF ANDHRA BANK-HYD RS14000/-
B.ON 22-07-88 VIDE D.D.NO-211109 INDIAN BANK-HYD-BAD RS 5,000/-
C.ON24-07-88 VIDE D, D, NO-211111 OF INDIAN BANK-HYD RS 5000/-
D.ON 27-05-93 PAID IN CASH AT TOWARDS FINAL PAYMENT RS 10,620/- - IN FULL CON SIDERATION.
TOTAL RS-33500/-
PL NOTE THE ENTIRE MONEY PAID FROM THEIR MINOR MONEY ,AND FILED THE INCOME TAX RETURN AND PAID THE INCOME TAX APPLICABLE.ALL RESPECTIVE CHALLANS AVAILABLE.RESPECTIVE INCOME TAX ORDERS ALSO AVAILABLE WITH USE.SINCE SHE IS A MINOR THE I.T RETURN CLUBBED TO MY I.T A/C
PL NOTE THAT THE ABOVE SAID SECOND PROPERTY WAS NOT REGISTERED IN MY YOUNGER DAUGHTER’S NAME DUE TO SOME GUNDAS THREAT.BUT POSSITION HANDED OVER AND SALE DEED ENTERED.
IST PROPERTY AND SECOND PROPERTIES ARE SIDE BY SIDE PROPERTIES.
PL NOTE THAT WE HAVE PURCHASED STAMP PAPERS ON 30-03-1993 FOR RS 3500/- FOR REGISTRATION PURPOSE, AS ON TODAY ALSO WE ARE HOLDING THE SAID STAMP PAPERS.
SHE CLAIMED IN I.T A/C AS ASSET AND PAID TAX ON IT.
PROPERTY NO-3.
THIS PROPERTY PURCHASED BY MY YOUNGER DAUGHTER AND FINALLY GOT REGISTERED ON MY WIFE NAME ON 27-05-93.
THESE ARE BRIEF DETAILS OF THE THREE PROPERTIES PURCHASES,PAYMENTS AND REGISTRATIONS FOR TWO PROPERTIES AND ONE PROPERTY COULD NOT REGISTERED TO US.
CRIME DATA.
A.I HAVE STARTED BUYING THE ABOVE SAID THREE PROPERTIES IN THE YEAR 1998,BUT TO MY BAD LUCK IN THE YEAR I989 DECEMBER SOME BORE WELL DRILLERS APPROCHED ME AND ASKED ME TO SELL PROPERTY 1& 2.
B.I REFUSED AND TOLD THEM THAT I HAVE PURCHASED FOR MY MINOR DAUGHTERS.
C.VERY FREQUENTLY THEY USE TO COME TO MY HOUSE AND OFFICE FORCING ME TO SELL AND CLAIMING THAT THEY ARE LOCAL AND BELONGS TO NALGONDA DIST.
D.THOUGH I WAS STUBAN WITH THEM ,MY HEART WAS WITH FULL OF FEAR,BECAUSE MY DAUGHTERS ARE GROWN UP AND GOING TO SCHOOL IN A RIKSHAW,THEIR AGE WAS 9YEARS AND 7 YEARS.MY WIFE ALSO USE TO GO TO OFFICE BY RIKSHAW AND AUTO.I WAS VERY FREEQUENTLY ON TOURS TO MEET FOR OFFICIAL TARGETS.
E. PROPERTY 1 &2 SELLERS ARE FORCING ME TO COMPLETE THE TRANSACTION AND SEVERAL LETTERS WRITTEN TO ME APART FROM TELEPHONIC CALLS,COUPLE OF LETTERS DATES AS UNDER.1)08-08-89, 2)20-11-89, 3)05-08-91.
F.ON OTHER HAND I USE TO GET LOT OF PRESUER FROM THOSE GUNDAS.
G.SOME TIME IN 1992 MAY I WENT TO CHIKKADPALLY POLICE STATION TO MAKE THE COMPLAINT SINCE MY RESIDENCE COMES UNDER CHIKKADPALLY, BUT THEY COULD NOT ENTERTAINED MY COMPLAINT STATING THAT THIS WAS A CIVIL NATURE ONE.
H.IN THE YEAR 1993, MAY I HAVE COMPLETED THE PAYMENTS TO SELLERS AND PROPERTY 1 AND 3 GOT REGISTERED BUT PROPERTY 2 WAS NOT COMPLETED REGISTRATION DUE TO ROUDIESUM, EVEN THOUGH MY FRIENDS CAME TO MY RESCUE.
I.IN THE YEAR 1994 I WAS TOTALLY SILENT AND I NEVER APPROACHED PROPERTY NO-2 OWNER FOR REGISTRATION DUE TO MY WORK BUSSY AT EMPLOYEMENT.
J.IN THE YEAR 1995 AGAIN THOSE GUNDAS ARE BEHIND ME AND INTERDUCED NEW FACES IN TO THE LAND PROCUREMENT BY FORCE,IWAS FED UP AND REGISTERED THE IST PROPERTY IN FAVOUR OF GUNDA’S WIFE ON 21-09-95 BY MY WIFE AS A NATURAL GUARDIAN TO MY ELDER DAUGHTER,BY THIS TIME SHE COMPLETED 13 YEARS AND ENTERED IN TO 14 YEARS.
K.IN THE YEAR 1995 THOSE GUNDAS SEND THEIR MEN TO GUDIVADA AND COLLECTED THE SPECIAL POWER OF ATTORNEY FROM SELLER FOR REGISTRATION PURPOSE AND GOT REGISTERED THE SECOND PROPERTY ON 07-10-95 IN FAVOUR OF GUNDAS WIFE.
L.THUS MY BOTH THE MINOR DAUGHTERS LOST THEIR PROPERTIES AT THE AGE OF 14 AND 12,
THUS THE GUNDA GOT BOTH THE PROPERTIES IN TO HIS HAND ILLEGALLY,AT THIS JUNCTURE I WAS TOTALLY DISTRUBED AND MY 7 YEARS EFFORTS GON IN TO DRAIN AND I COULD NOT BY ANY LAND WITH THIS FEAR,I HAVE NOT EVEN TRIED TO APPROACH THE COURT OF LAW DUE TO FEAR BECAUSE I AM ALONE.
M.FROM 1995 TO 2012 THAT MEANS 17 YEARS I NEVER TRIED TO FIND OUT ABOUT THIS GUNDA.
N.IN THE MONTH OF APRIAL-12 WE HAVE RECEIVED A REGD LETTER FROM RANGAREDDY COURT IN FAVOUR OF MY ELDER DAUGHTER,SUMMONED HER TO APPEAR.NOW SHE IS MAJOR
AND STUDIED PG AT AUSTRALIA AND SETTELD THERE AS A CITIZEN OF AUSTRALIAS.I GOT A POWER OF ATTORNEY AND FILEDA VAKALAT AND GOT LL THE MATERIAL PAPERS FILED BY THE GUNDA’S WIFE.THE CONTENTS ARE S UNDER.
1. THE GUNDA DIED IN THE YEAR 1998.
2.SOME OF THE LAND GRABERS KNOWN TO HER WAS TRYING TO GRAB THE PROPERTY WHICH WAS GRABED BY HER AND HER GUNDA HUSBAND,UNDER THESE CERCUMASTANCES SHE APPRAOCHED THE POLICE AND SUBSEQUENTLY SHE FIELD AT RANGAREDDY COURT FOR PERMANENT INJECTION ON 06-01-2012.
O. ON OTHER HAND SHE APPROACHED TO “HMDA”ON 17-03-2012 FOR PERMITION TO CONSTRUCT RESIDENCIAL APT.
“HMDA “APPROVED ON 25-08-12 AND DIRECTED TO THE CONCERNED AUTHORITY OF GRAMPANCHAYAT FOR TECHNICAL APPROVAL.
“HMDA” ASKED THE GRAMPANCHAYAT TO STRICTLY OBSERVE THE GOVT MEMO NO-1933/11/97-1 M.A DATED 18-06-97 REGARDING THE OWNER SHIP AND CEILING CLEARENCE ASPECT BEFORE REALEASING THE CONSTRUCTION PERMISSION.THOUGH THERE IS MINOR PROPERTY INVOLVED GRAM PANCHAYAT GIVEN PERMISSION.
P.AFTER PERMISSION SHE ENTERED A “DEVLOPMENT AGREMENT CUM IRREVOCABLE GENRAL
POWER OF ATTORNEY”WITH A BUILDER ON 26-09-2012, WITH A CONDITION OF 45%OF CONSTRUCTED AREA TO LAND LORD AND THE REST OF 55% TO THE BUILDER.BUT TO OUR SURPRISE THE PHOTO WHAT THEY SHOWN ALONG WITH REGD DEV AGREEMENT IS G+2 UNDER SAMIFINISHED CONDITION, THIS IS NOTHING BUT NEARLY 40% AREA, THAN WHAT FOR DEVLOPMENT AGREEMENT AND HOW SHE WILL CONSTRUCT 2 FLOORS WITH IN 26 DAYS.THIS ALL SHOWS SOME THING HIDDEN IS THERE.
Q.THE BUILDER SOLD 9 FLATS UNDER SEMI FINISHED STAGE BETWEEN JAN-13 TO MAY-13 TO VARIOUS BUYERS, THEY GOT THE HOME LOANS FROM S.B.I, LIC HOUSING ETC.
UNDER THESE CERCUMASTANCES KINDLY ADVISE ME HOW TO PROCED IN THE COURT AND WHAT RELIEF I CAN GET AS PER LAW.
MY NEXT COURT DATE IS 18-06-13.
WITH REGARDS,
KOTESHWARA RAO.J
Raj Kumar Makkad
(Expert) 15 June 2013
Your long long query requires specialized individual services of a lawyer.
Shantilal Pandya
(Expert) 15 June 2013
The query is too long also requires supplementary questions to be replied. rightly commented by shri Raj kumar Makkad
prabhakar singh
(Expert) 15 June 2013
You are seeking comprehension which is beyond the scope of this site.When your case is pending in court only a lawyer having privilege to go through brief of case can advise.
Adv Archana Deshmukh
(Expert) 15 June 2013
People seeking advice of the forum should post their problems in short. Its not possible for lawyers on the forum to give so much time to individual query.
