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RPAREKH (GM)     06 August 2014

Can farmer demand his land after expirty of loan agreement..

As per 7/12 my grandmother is legal Owner of agriculture land.


Owner did registered Giro Khat / loan agreement for 5 years in 1943 against agri land.  he failed to repay after expiry of 5 years & also no record in revenue dept.  After 50 years we see our grand mother name still exist in 7/12.  Now farmer legal heirs are fighting in civil court to release this land back from us which we are not interested.

 

 

 



Learning

 3 Replies

Kumar Doab (FIN)     06 August 2014

The debt seems to be time barred.

Your claim also otherwise could not/can not be more than the debt.

After the amendment to Hindu Succession Act in 2005 son is not liable to pay debt of father.

The debt could be recovered from estate of the deceased.

However now it is time barred.

 

Hence you may not succeed to own the land?

Obtain the opinion from your lawyer.

 

RPAREKH (GM)     06 August 2014

Dear Kumar

 

Thank you for feedback & inputs.  Secondly the heirs have stopped "Varasdari " procedures in revenue dept. by giving simple objection notice for which the "Mamlatdar" have ruled out to put my name in 7/12 after my grandmother expiry?  Is this legal that anyone can stop " varasdari " procedure in revenue dept by giving notice only ?  In fact we have all the proofs.

 

Kumar Doab (FIN)     06 August 2014

I am not familiar with the 'Terminologies' used by you.

A local lawyer handling such/revenue matters should be approached.

Apparently the legal heir have notified their objections (Aitraj) and right.

Since the matter is in court it is suggested that you may appear thru your lawyer and court shall grant opportunity to both the parties.  


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