Regarding gram shabha land
Querist :
Anonymous
(Querist) 11 December 2018
This query is : Resolved
Dear Sir,
My Father bought a land in year 2007 which was given to one ST as patta but now the dispute has been filled by third party and SDM has given verdict to put that land in Revenue. We have filled the case in revenue board to get stay on the judgment of SDM. Is there a way to get that land as our house is built there. Can we go for land exchange or ask to revenue board to take the Market price of that land?
Regards
kavksatyanarayana
(Expert) 11 December 2018
Before posting a query, it is the responsibility of the queriest to disclose his identity for more replies. Your case is still pending in SDM. so wait. as per your query heading, it is Grama sabha land. so it cannot be transferred to any one. If necessary, you have to obtain permission from the District Collector concerned.
Kumar Doab
(Expert) 12 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 12 December 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
The ST person seller, and you have apparently acted without due permission and you have acted without due diligence and hence have suffered loss.
Dr J C Vashista
(Expert) 13 December 2018
1. Anonymous author must not expect obligation from experts as per rule of this platform.
2. You have already engaged an able, competent and intelligent lawyer for proceeding before SDM, what is his/ her opinion/ advise ?
3. Why do you need second opinion of experts on this platform except the fact it is available FREE OF COST, on the basis of limited information posted by you?
4. The land is stated to have been leased out (on patta) to said ST vendor (seller) by Gram Sabha which is still owned by Gram Sabha and not the seller, what are the terms and conditions of Patta, show it to a local lawyer for better appreciation of facts/ document and guide you .
Querist :
Anonymous
(Querist) 13 December 2018
Dear All,
Thanks for all your replies and Guidance, I am sorry as I did not know the rules of this forum. My name is Lalit and from Lucknow. The land registration has been made by showing "Chauhaddi" and one Social Organization has been registered on that land and also working for the Social benefit. My Father was also Lawyer and after him only all these problem occurred. As I had written now the SDM already given the direction to emerge the land in Gram sabha and we have challenged it in Revenue Board. My Concern is if the revenue board doesn't give the stay and we want this land as per legal laws, then is it possible to have it from DM office or not? by paying the land cost or giving the same area of land to somewhere else to the Gram sabha?
Kumar Doab
(Expert) 14 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; O/o Tehsildar, Revenue/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Your own counsel that is well verswed with LOCAL rules, precedences can advise you the bets.
In the meantime you may go thru;
Punjab-Haryana High Court
Sukhbir Singh And Others vs Gram Panchayat Of Village Bhopani ... on 17 February, 2009
R.S.A. No. 1792 of 2006 (O&M)
https://indiankanoon.org/doc/1821560/
and try to get ideas to understand how matters are addressed in courts.
If you are confident that you can handle the matter on your own, go ahead.
Querist :
Anonymous
(Querist) 17 December 2018
Thanks for all the replies.. as I understood , the land can not be taken by paying the current land rate or the land exchange rule will also not work here?
