Sankar Raj (System Analyst) 28 October 2011

Property dispute (civil case)

Hi All..

I have purchased 10 Cents of Land in Kerala (Trivandrum) with Bank Loan. All the documents are verified by the bank Lawyer including the reservay sketch. and my loan was approved by the bank.

After the registration I made boundary walls on the basis of my Title Deed and resurvey sketch.

(18 mtr front 22 mtr left side 21 mtr right side and 17.5 mtr back side)

Later my neighbour filed a case against me by saying that i have acquired his land. He is having 40 Cents of Land which is on the left side of my land.

As per his Title Deed also he is having 40 cents but the measurements in his Title deed is wrong, it showing 20 mtr front but in actual its only 15.5. In the Resurvey also its clearly showing that his front end is 15.5 meters and total area is 40 cents. If he getting 20 meters in front then then the total area of his land become around 44 cents.

The court designated a commission and a surveyer to measure the land and the commission had measured the land as per the resurvey plan and sumbitted before the court.

Now his lawyer requesting before the court that he need to measure the land again accourding to the measurement in his Title Deed (which is having the wrong measurement.)

his registration of land was happened on 1997 and mine is happend on 2008.

Please let me know some points which will give more importance to the resurvey plan.

right now i am in big trouble to maintain the case and monthly installments.

Regards,

Sankar

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2 Replies

(Guest)

mess... and legally this is going to be much more messing leading to another decade as our courts are very very slow to decide... everyone in the govt. departments do not move their feet until bribed and run behind him... you cannot put your responsibility on another lawyer... registration and bank loan are two different issues and no one takes responsibility to your plot... registration job is to do registration and bank job is to give loan...

now that it is in court let it decide... someone is responsible for some mischief... either sub registrar, or their staff or the surveying officer or your neighbour who might have bribed someone in the registration office...

resurveying is his right and let him do it... it is a mistake of measurement in the registration... hence that registration is liable to be rejected...let court decide who is correct...

its very important to first contact an advocate who can issue newspaper caution items and follow procedure before registration of plots... second, you should ask all the neighbours about the plot and any disputes pending... if we ignore we need to understand that we have to stay there into oldage... now keep walking into courts, banks, job hop... this is going to be a longer stress... no one can help but faith and patience will be with you... what legal remedies can we suggest? the matter is already in court...

DHEERAJ M P (DM-IR) 30 October 2011

My Grand Father (A) passed away in the year 1939. Within a span of 45 days My uncle (B) also passed away in the same year(1939). He was unmarried at the time of death. As per Hindu Law Women's Rights Act, 1933) had been in force on 1st day of January, 1934 (Sec 4) My Grand Mother became the absolute owner (that the property was passed on to my uncle, later it was passed on to grand mother after the death of my uncle).

After the death of Uncle I started looking after day today affairs of Agricultural Land of my grand mother. I am the grand son (í.e 1st Daughters Son).

In the year 1993 my Grand mother made a registered will in my name. susequently in the year 1997 partion deed was also made between my grand mother & my self in order to raise loan from bank.

In the year 1998 my aunty (2nd Daughter) filed a partition suite against my grand mother asking for 1/3 share in the property.

My grand mother passed away in the year 2003. The registered will was not cancelled during the partion deed took place in the year 2007.

I became the absolute owner based on the registered will dated 1993.

My Question :

1) Whether my grand mother is the absolute owner or not ?

2) Whether my Aunty will get right on the property or not ?

3) What will be implication of the following Act in this case :

a) Hindu Law Women's Rights Act, 1933

b) HINDU SUCCESSION ACT, 1956.

c) Hindu Succession (Amendment) Act, 2005

Please advice what will be the out come of this case.

With Regards