Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Legal document custody

(Querist) 31 July 2012 This query is : Resolved 
Res Senior,

My Grandfathers IsmailKha had 100 Acer agriculture land in our village. since 1878 we were the main Jamindar of the our village land. Our village promulgation completed in 1950 at the time the land was our name in register of tahsil record. Since 1917-23 my grandfa had been mortgage all agriculture land for period of 36 year to private party name was Gambhirsinh through the registered document no. 1/1917 and 3/1923. Gambhirsinh was rich man in our village. After the mortgaged period in 1959 my grandfa gone to paid amount of mortgaged land to released the land but the Gambhirsinh did't accept the amount of mortgaged land after that my grandfa go through the court to evict the possession of above land. The Hon'ble court directed to evict possession of Gambhirsinh and released the all land after the paid amount of mortgaged land in decree in 1955. After the decree my grandfather paid the amount of mortgaged then after they not evict the possession of the land. During the period of 1970 to 1980 in the juridictional court occured fire incident and during the occurrence the wholly important documents burn in the incident. In 1981 my grandfather passed away. in 1983 Gambhirsinh also passed away now our land have in third party possession. we are middle class family.I want to get back our land through the legal fight.At the time my family was illiterate they did't gone to further proceed now i have decree but some page of the decree we lost. we have't registered document. After the long inquiry we have know that the all registered document has been in the taluka executives magistrate custody. I need Hon'ble civil expert lawyer's help who guide me to following query.

(1) The original registered document of the mortgaged land in the taluka executives magistrate custody. how can i get back the wholly regi- original legal document ?

(2)if i ll go to the RTI or direct in the Executives office they will hide the document and may be i lost the chance..

(3) What can i do ? institute sue in the court? or i will produce the decree in Taluka Executive Magistrate to register our name in Form 7/12, 8 A ? what will the limitation period ?

(4) what is the proper way to get back our right's our property ?

pls Help me...

RAVI B SHAH (Expert) 03 August 2012
First you have to get all the detail from mamlatdar office. You have to take 7/12 and all related entries i.e. village form no. 6 and after verifying the transaction detail we will take action.
Mean time you ahve to make RTI application to Megistrate office for Record.
You also have to Mortgage Deed,judgement & Decree certified copy & mortgage paid evidence(Receipt).
Mohsinkhan (Querist) 03 August 2012
Thanx mr. Shah
I have no.6 of the land.
Since 1961 wholly land in possession of the third party.
We r the class-3 Garasdar.
I have 1953 special mamlatdar gharkhed order he also noted that in his order that "the appl. has right in mortgaged land"
RAVI B SHAH (Expert) 04 August 2012
Dear Mohsinkhan,

You must have to collect above mention documents to complete channel of documents for title.
You also have to veirfybthat how this third party become owner?
Mohsinkhan (Querist) 05 August 2012
the third party has only possession of the land and because of that his name entered in the no.7 and 8 a, wholly record of the our village are doubtful

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