Who is the owner of this land!
Ramesh
(Querist) 20 February 2012
This query is : Resolved
Dear Experts of the Forum,
Please GUIDE me after going through these facts:
The matter pertains to State of Andhra Pradesh
The land belongs to Mrs.’B’, Mr.’R’ was the GPA of Mrs.’B’.But Mr.’R’ manages to enter his name as a pattedar of the land ( in revenue records) and sells this land to Mr.’N’ through a private sale (Mr. ‘N’, takes over the possession of land ,but the registration was not done). Mr. ‘N’ sells this land to two persons MR. ’A ’ & Mr. ’P’ through a private sale ( Both of them takes over the possession of land ,but the registration was not done as in both the case). Mr. ‘A’ approaches the revenue authorities ,and as for the relaxed rules( Then ) Revenue Authorities conducts an enquiry and issues notice to Mr. ’R’, for explaing his version but Mr. ’R’ choose to abstain from the proceedings; and the Revenue Authorities declares Mr. ’R’ , ex parte and upholds the claim of Mr. ’A’ accordingly issues owner ship orders and mutates his name as owner in records (Of the part of land, which was brought by Mr.’A’ ).
Mr.’P’ still holding( possession of ) the land without any tittle, for last 30 years ( against this part of the land, but Revenue records carries the name of Mr. late’ R’, even on this date).
Mean while, recently ; WILL (Registered ) of Mrs. ‘ B ‘ surfaced , in which this land along with some other lands were give to Mr. ’ S ’. In the year 2010 Mr. ‘ S ‘ gave this property to Mrs. ‘ C ‘ through an UN registered WILL . Now , as on today expect Mr. ‘P’all of them were dead.
Now my Question to you is:
1) Can Mrs. ‘ C ‘ claim any land ( of the above said transaction )?
2) Can Mr. late ‘N ‘, have any right to deal with this land? As Mr. late‘R’ did not attend to the revenue court/enquiry(in Mr.’A’s case )! More over as per the WILL of Mrs. late‘B’,Mr. late‘R’ is not the owner of this land!
3) What course of Acton Mrs.’ C’ has to adopt for establishing her right over the above discussed land! And What are the chances to set right the things in her favour.
Please Guide me,
Thanking you ALL expecting an early reply.
Khaleel Ahmed
(Expert) 20 February 2012
Query not clear.
What do you mean the property belonging to State of Andhra Pradesh?
Ramesh
(Querist) 21 February 2012
Dear Sir,
I am sorry ,not the property THE MATTER PERTAINS To state of ANDHRA PRADESH.
1st sale is by GPA holder ( declared him self as owner,as per forged Revenue records). 2nd seller, as explained above (Mr.'N') sold this property to TWO persons. One of them regularised(Unregistered sale deed through Revenue Authorities: to which 1st seller not attended the enquiry ie declared as EXPARTE. the other purchaser from the 2nd holding to part of land without any document he has only sale deed agreement from the 2nd seller.
In the whole case, 1st sale it self not regularised.
Thanking you ALL once again. But i request EXPERTS from the forum to kindly go through BOTH of my explanations together,and guide me.
Raj Kumar Makkad
(Expert) 21 February 2012
1. Yes. Mrs. C can claim the land.
2. Mr. N has no role to play in the case as he never hold a valid title in his favour and thus could not have sold privately to other parties.
3. C has every legal right to have restoration of possession as she is valid owner of the land.
Ramesh
(Querist) 22 February 2012
Dear raj kumar makkad Sir,
Thank You very much for your timely advice.You have shown me, the way out for long standing dilemma / problem i am in.
THANKYOU ONCE AGAIN,for the time( solution) you gave me.
