Regarding land
Vinod R Kolkhede
(Querist) 16 August 2012
This query is : Resolved
Respected Sir/Madam
This dispute is regarding property (Agriculture land) of my friend. My friend's Aunty was a owner of a agriculture land. Her name was on 7/12 extract (Land paper as per Revenue department of Maharashtra). The uncle of my friend was expired around 15 years ago and after that Aunty got married to another persone. Since then the possetion of Land is with my friend. This land was came from Grandfather to uncle and then uncle to Aunty . This is Hindu family. Now recently Aunty sold the land to third persone. I need advice on below points.
1) wheether Aunty has a right to sell the land because she got married to anoher persone and not a member of privious family.
2) Can we file the case of declaration. Is there any chances to win.
3) Till now My friend has a possetion of land but he is not a owner.
4) what is the solution fro theis case.
Please advice.
ajay sethi
(Expert) 16 August 2012
she was absolute owner of property . her name is on property card . she is free to dispose of the said land . mere remarriage does not lead to loss of ownership of land .
you dont have any case
prabhakar singh
(Expert) 19 August 2012
The sale is valid unless your friend's possession is entered in revenue records for a period of over 12 years or he is able to prove that he has possessed physically to the ouster of his aunt for over 12 years.The case is speculative on merit with weight lying in owner's favor.
