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.
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 ?