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P Venu Gopal (Business)     09 September 2018

Ownership right

 My mother�s father (herein after called MF) was land lard and had one son and one daughter.  My father�s father (herein after called FF) having two sons (my father younger)  By selling some land pertaining to my mother and by adding some more amount, my MF bought a piece of forest land from jamindars and applied for grand of patta in the name of my FF (as he was landless person). The same was granted by land administration, approved by high court but the RDO & MRO set aside the judgment. So, now we approached lokayukta court.  My FF expired and for all the proceedings, my father�s elder brother attended. Land administration also issued patta in the name of my father�s elder brother name as against my FF name. We don�t know how and why it happened.  As per my MF, the distribution of the land should be done in the following way � 1/3 should go to his child, 1/3 be given to my father & remaining 1/3 should be given to my father�s elder brother. As we are giving 1/3 share of land to my father�s elder brother, he should bear all the expenditure in the course of getting patta and development of the land.  As the patta came in my father�s elder brother name, now he has cheating by not writing papers to our share & my MF share and dispute is going for more than 25 years among mediators.  As per law, my father gets � of the land and his elder brother gets � of the land. Consequently my mother�s brother losing his right.  No papers in this regard available with anybody. Recently, I got some papers from land administration under RTI Act  I found that they submitted some land tax receipts in support to application and one tax receipt also there in the name of my MF  Actually, 1/3 share pertaining to my MF has been in his son�s possession only since from the beginning.  So, my doubt is, since tax receipt in the name of my MF was there with the application and land also in his possession for decades together, can he file a case in court claiming share for the extent of land in his possession.  Could you please guide and if you need more details, I can provide  Also requesting to guide, after high court approval, can the RDO and MRO set aside the order without implementing the judgment. HC gave final verdict in 2003 and till 2011, either RDO or MRO not implemented court order or filed any case in court agains to this order. So, we posed to approach lokayukta court in 2012 and still pending in lokayukta court.


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