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Manjunath R   09 November 2022

Please help which lawyer to consult as it is really a complicated property issue

Hi experts, need advice as to what sort of a lawyer should I choose (or if I should even do it)

A is the khata holder of the piece of land in question. In 1945 B entered into a lease deed with him for 500rs. C who is the grandfather of my father entered into a lease deed of Rs.508 with B for the same land in the same year (1945). These are registered and recorded in the record of rights in sub-registrar office in karnataka. 

All these years it was assumed that the land belonged to my dad's grandfather (C). Somewhere in 1970 C (my dad's grandfather) was alive gave a piece of this land to his second son (my dad's uncle) and there is written record for it not registered. In 1980 my dad's father (son of C) did partition of this land amongst my father and 2 other brothers (again there is written partition record of this but not registered. But this document has been used to transfer khatas of other properties in 1980 itself so its is a public document now) . None of them bothered about this and recently when they wanted to transfer it to their names they were told that can't happen by the local officer. 

The original khata holder i.e A doesn't have children but has a brother (probably sisters) and their children and grand children (probably great grand children). They are not aware of this fact and they have assumed it has been sold to my dad's grand father (don't know why it was a lease deed and not a sale deed paying 508 rs for  6 acres of land in 1945). 

We don't want to ask anyone in the local offices or local lawyers as they might try to contact the Original khata holders and play games. If there is no way that this can be transferred into my father's or his brothers names we just plan to let it be there and fence it along with the other adjacent property in my dad's name. 

Is there any provision that we can contact a lawyer and claim this land as there is no deed executed to cancel this lease deed. C (My dad's grandfather) died in 1978 and my dad's father died in 2000. Can limitation act be applied here?

Thanks



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