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Bala (Software Engineer)     28 November 2010

Legal Advice Land Dispute

I have done negotiating a property which normally would be around 50-55 to around 40. Now the problem is looks like their was a litigation on this property with the neighbor. Now the person quotes that he has judgement in his favour and I can verify. But the point is judgement is given on sometime in june and looks like still judgement order not received. He said I can verify the OSxx and number, he says that judgement gets printed somewhere outside so it might take some time. Please help me on this how should I go abt this..


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 14 Replies

Premalatha.S.Bhat (Legal Consultant)     28 November 2010

verify the O S number and Case papers in the Court .  You have to check whether the judgement is pertaining to the same proprty u are intending to buy and the points considered in it.  If it is the same, then better re-think on going ahead with the transaction.

Regards

Viswanath (Student)     28 November 2010

Verify the O S No and the case papers related thereto. Also it has to be verified there is no appeal over the judgement. If really the Judgement Copy has not been received yet, you may have to wait till the completion of period for filing  Appeal. 

 

 

 

 

 

Bala (Software Engineer)     28 November 2010

Are you stating that if its not the same then I have to rethink ?

Bala (Software Engineer)     28 November 2010

@Vishwanth he said that the dispute has been favoured him and there was an appeal further and it has been dismissed. But the point here is he is not having the judgement copy he said he will be getting sometime soon. Judgement was given on may.

Viswanath (Student)     29 November 2010

Without getting the copy of the Judgement, It is not possible to file an appeal at the first instance. Hence the Judgement copy which has been made available to the aggreived party should have also been available to your vendor.

Secondly you say there was an appeal and it has been dismissed. in thi case, the copy of the appeal, judgement thereon {whereby it has been dismissed} should also be thorougly studied.

Also it should be perused whether there is any possibility for filing a Second Appeal by the other party.

Bala (Software Engineer)     29 November 2010

Thx Vishwanath, I will look in those lines. Btw can you recommend a lawyer in Chennai who can scrutinize this and give me a perfect yes/no for going ahead ?. Plz do let me know if you know a senior person here.

Viswanath (Student)     29 November 2010

You may refer standing senior counsel, Mr.SUBBA REDDY, whose office is situated right opposite to the Madras High Court, in Hussain Plaza, Thambu Chetty Street. He can guide you in a perfect manner.

indeep (advocate)     29 November 2010

it is better to show the photocopies of the property to a good advocate, when u r buying such a property which can be of doubt then why cant u engage a advocate for that.

regards

indeep arora advocate

SACHIN AGARWAL (ADVOCATE)     10 December 2010

Better to engage some advocate in the matter and get all the papers checked and also get the O.S. verified through some advocate. It would help you..

Rajesh Ranganathan (CS student)     25 September 2011

My friend has following queries and seeking the remedies available legally. Brief History: There is a 1000 sq.mtr. Landed property situated at Port Blair, Andaman & Nicobar Islands. The owner of the property has expired. The legal heirs of the deceased are five members, of which two male i.e. elder son and younger son and three daughters, of which younger son has expired and left behind four legal heirs (Widow of the younger son and three son of the deceased younger son). The elder son of the deceased land owner is having three legal heirs (Wife, one son and a daughter). Another three legal heirs were three daughters of the deceased land owner, all are alive. Now, all three daughters are intended and agreed to release their share in the property in favour of both of their brothers of which one of the brother has expired. As a result the share of the landed property obviously will equally go to both the brothers. Dispute: Dispute is between the elder son of the deceased and the widow of the deceased son of the deceased land owner. Here elder son is having a wife, one son and a daughter. Whereas, widow of the deceased son of the deceased land owner is having three sons. If the landed property which is anticipated to have been equally divided after the share of three daughters of the deceased land owner, then the elder son and his legal heirs will get larger area of the property. Obviously, widow of the deceased son of the deceased land owner will get small area of the property. Hence her three sons will get smaller portion in the ancestral property. Because of this reason the widow is intended and therefore trying to get some more share from the anticipated share of the property from the elder son of the deceased land owner so the her sons can get more share in the said property among the share of elder son of the deceased owner. With that intention she is crookedly trying to convince emotionally with all the subjected parties to get more portion of the land sub divided in her favour. Kindly advice the legal terms by giving all applicable sections and Acts and remedy. It may be noted that my friend's position in this case is, he is a son of the elder son of the deceased land owner. His father might emotionally favour to his brother family because of death of his brother. My friend does not want to be a looser. Please advice in details of negative and positive aspects.

rema   12 February 2016

Hi sir,

Me and my brother purchased a land in 2001 in pune and my brother registered the land in his name but i too paid money and was decided it will be registered in my name too but he cheated and registered the property in his own name. I didnt know the registration details as i was out of town In 2007 my brother expired and now his wife and son are claiming that it is ter property and wont give me share . Now the another issue with land is the patta problem the patta is in the name of the owner who sold the property to my brother now they are trying to get the patta in there name but i asked to add my name too as i too have equal share but they are refusing to add my name. Please suggest me can i put any remark objecting on that property as soon they will get patta and will register the property on their name.

 

praveena99 (student)     25 March 2016

one person has to give us an amount of 10 lakhs.he is refusing to give. he gave us a cheque but it was bounced due to in sufficent balance. we are having his land documents. so we filed injunction order on that land to prevent him from selling that land. now he is trying  to sell that land to one person. is it possible to register a land that is already having injunction order. shall we submitt that order to revenue office or court itself will do that

praveena99 (student)     25 March 2016

one person has to give us an amount of 10 lakhs.he is refusing to give. he gave us a cheque but it was bounced due to in sufficent balance. we are having his land documents. so we filed injunction order on that land to prevent him from selling that land. now he is trying  to sell that land to one person. is it possible to register a land that is already having injunction order. shall we submitt that order to revenue office or court itself will do that


(Guest)

@ Reema 

Sorry talk correct words rather proffessional words This Patta is confusing. I too have land in Pune whether you are talking about Property Card or Extract 7/12 ( for Agriculture Land) 

I understand that you have given money to purchase the land , Whether you have bank entry about it ? Can you get statement about it ?  that you gave money to seller of land ? If you gave money to brother whether such transcation entry is there in any account ?

You are Patta word is highly confusing for me whether you are talking about Land Record Property Card ?

It seems when name not changed in land record how question arise to get resert the name of original owner , Fact is that original owner is still owner as per record . And What are reason your brother could not transfer the name from original owner to his. Whether it unalieneated Land (Land owned by Govt. in  simple words or restriction of transfer of lands to others)

See this patta what you are talking can I see , personally so I can get core of the issue. If you can show Property card I suppose it will be better . 

Since it is public forum not safe to show paper if you feel i can give you my cell and show me on whats APP so that after looking at land record I can tell more about it .

It seems this case has three /Four party 1) You 2) Your Brithers legal heir 3) Original owner

4) Fourth Party may be some one else like Govt since name your brother was not able to insert on property card or so . So need to check Fourth party properly Chances are there it may be unalienated land

Revert back then only can help 

 

 

 


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