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N   27 November 2016

In herited property land issue

Hello, I seek guidance for my inherited land. Land distributed with physical presence of all my family in front of village talati, which was written down in piece of paper 15 years before and signed by all family members including him. For that 8A entry was passed, which was approved by Nayab Mamlatdar 15 yrs before.  I am own the land and holding possesion from that time and farming on that with out any disturbation.

Now, my brother in need of money due to his bad habits, he file a appeal under RTS asking back for my land after 15 yrs.

He drafted very mind planned in appeal saying he was sick at that time due to his heart bypass surgery, so he is totally unaware of this matter untill now. And filed RTS appeal with reference to 2001 (3) GLR Page no. 2520. In meantime he passing a message to us via other relatives he is going to file CIVIL suit on the basis of "fraud".

 

So, my question

1} Is this his (my brother) valid ground to fight for this land ?

2} Can his appeal case be valid (Sustain) even after 15yrs under condonation of delay under RTS and Civil suit ?

3} Can he able to file Civil suit against me under Fraud for inherited agri land even after 15yrs ?



Learning

 8 Replies

Kumar Doab (FIN)     27 November 2016

If it is equal and acceptable as valid Partition Deed, Registered Family agreement then NO.

Share does not vanish with time.

You should have preferred valid Partition Deed, Registered Family agreement.

If he has already got his share by valid partition that can be proved then NO share is left for him.

1 Like

Kumar Doab (FIN)     27 November 2016

Repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=144677&offset=0

 

Don't repeat and continue in one thread.

 

G.L.N. Prasad (Retired employee.)     27 November 2016

It is not that easy.  Investigate as to whether he has acted on the earlier partition in any transaction and provided copy of the partition deed as link document in his past transactions or recitals in any of his sale deeds.

1 Like

Kumar Doab (FIN)     27 November 2016

Since case has been filed show all docs on record to a very able counsel specializing in revenue/property/civil matters at your location for a considered opinion and to contest on merits.

Dr J C Vashista (Advocate)     27 November 2016

No need and reply for a repeated query. Bad manners.

Contact, consult and engage a local lawyer for proper analysing the facts, guidance and proceeding as required.

N   28 November 2016

Hello All,

Sorry, i am new here in this helpful forum.  That was my genuine mistake, so please accept my sincerce appology. I also assure it won't happen again.

Would be very happy to get help from honoured lawyers in this forum for my real situation at this crtical time.

Thanks

 

N   28 November 2016

Hello respected sir,

Sorry, i am new here in this helpful forum.  That was my genuine mistake, so please accept my sincerce appology. I also assure it won't happen again.

Would be very happy to get help from honoured lawyers like you in this forum for my real situation at this crtical time.

Thanks

 

Kumar Doab (FIN)     28 November 2016

As already posted and suggested by Dr.Vashista also:

Show all docs on record to a very able counsel specializing in revenue/property/civil matters at your location for a considered opinion and to contest on merits.

If you are not satisfied with the opinion of your counsel approached by you, prefer second opinion from a very able counsel specializing in revenue/property/civil matters at your location for a considered opinion and to contest on merits.

 


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