Querist :
Anonymous
(Querist) 06 October 2016
This query is : Resolved
Hello Team,I seek your valuable advice cum help on some points.Mr.X had purchased a plot measuring 2 marla(22*24=528sq feet)on 1976 an agreement to sell which was registered before First class judicial magistrate and constructed two shops.The sale deed at that time could not be executed as the government has barred/prohibited for the alienation of land.1982 when government revoked the ban and registration of sale deed could possible but Mr.X has been died in whose favour the agreement to sell executed and get registered and his legal heirs namely A,B,C(sons)and D(daughter)are alive.Out of the legal heirs of Mr.X namely A,B(sons)and D(daughter)had deposed their statements and sworn affidavit before the First class judicial magistrate that Mr.X had purchased the said plot for his younger son C and if the sale deed registered in favour of C,there is no objection to other legal heirs.The sale deed registered in favour of C.C constructed first floor in 1982 and second floor in 1998.B was government employee from 1969 to 2005 and C was government employee from 1971 to 2009.In 1995 C gave shop No.1 to his brother B's son without any rent agreement on the orally condition when C has retired from his service B's son vacate the shop.A has been died in 1996.C asked B's son to vacate the shop after his retirement for personal need because C retired from service and his son unemployed.But B and his sons forcibly occupied the shop no.2 also and told they vacate only one shop on that conditions if half of the first floor as well as second floor constructed on shop no.1 to gave them either free of cost or on the rate norms of 1982.C filled possession suit in the court.In court B said that he is businessman since 1979 and show his Form'O' obtained from Labour department for establishment his business since 1979 and said they gave only plot not possession of shop.A's son also support B and his sons and asked C to give his share.They also malfide FIR against C and his son u/s 452,323,034 rpc.Please help on some points: Whether A's son claims his share after 20 years death of his father whom his father submit his share in favour of C through proper legal procedure. Whether any criminal case registered against B after 11years of his retirement for during service obtained Form'O' for misleading Labour department,and recovery of his all retirement benefits as well as pension. Please answer Thanks in advance Regards SG
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