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dineshp83 - Legal Fighter. (manager)     28 July 2014

Legal heirs name adding in proerty

Dear Members ,


I have posted topic in forum named " Leased land given by govt sold w/o coll or soc permission " earlier this question is related to same property.

Land was given under specific and permanent condition to be followed by society and its members .in that condition no 4 and 5 clearly says that any member or society cannot add any new members rather than approved by collector except prior written approval of hon. collector it further states that no sub membership, tenement, co membership , sub letting should not be done wo hon. Collector and societies permission.

My grandfather died in year 2005 after that that 1 person came with sale deed stating his and my late grand fathers name as buyer and seller, he claimed that my grandfather sold him property he tried creating chaos in our property and tries to grab possession and all so we filled civil suit against him to cancel his null and void sale deed. My grand father nominated my elder brother as his nominee in society before his death he challenged that and got order from DDR saying that” he is eligible to become member of society subject to permission of hon. Collector and societies decision to refuse him membership has been set aside “ we challenged that order in joint registar office and won the case.

We got stay order against his sale deed and court also stated in stay order that we prove prima facie case, our possession has been accepted by court.

In year 2012 we tried adding our fathers name in property card as we need it for construction permission from Municipal corporation , father expired in 2013 so now we are party as legal heirs , he took objection there and got our ferfar Nond cancelled we challenged it and now it is at Deputy directors of land records level.

Questions

1 can we add our names in property card? As sale deed case is going on and opposite party is delaying it purposefully and asking for settlement from us

2 can revenue department has rights to say no to adding our names as legal heirs just because legal case is pending ? Which we have put on that person as he was trying to dispute our rights .

3 Is there any citation from high court or supreme court stating that adding legal heirs names (VARAS NOND)  cannot be stopped by revenue records department ?

4 please help with citation as I need it badly ?

Dinesh Patil

9765988860



Learning

 2 Replies

dineshp83 - Legal Fighter. (manager)     26 August 2014

Dear Experts ,

 

I have received order from Deputy director land records Pune in my favor now i just want some answers to following questions.

1) My fefar nond was taken by Nagar Bhumapan Adhikari 1 and then after receiving objection and after hearings he rejected Ferfar Nond.

2) I filed appeal to Superintendent Land Reords he also rejected appeal by saying 1) either he should get his sale deed sanctioned from collector 2) We should get it cancelled from court for which we have already filed a civil suit in 2009 and got injuction order in our favor.

3 ) as SLR rejected our appeal we filled appeal to deputy director land records and he accepted our appeal and gave judgement in our favor.

Now can this person challenge this order in HC through writ or he will have to first go to the director land records , govt of Maharashtra ?

By reading 1 st thread and considering all facts please tell will be ther any scope if opposite person goes to High court ?

Dinesh p.

9765988860

dineshp83 - Legal Fighter. (manager)     27 August 2014

I am very much surprised to see not even one expert have given any comment ?

Its sad i really need advice and suggestions from all of you please respond .


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