madhaviexports (v.p.) 23 December 2011

7/12 done purchase in 2005

Dear sir,

I was purchased land from xxx & yyy person on 15/09/2005 from farmers (ownership 50% own purchases(10/7/1978) &50% from his father) ,as 7/12 was done on 9/06/2006 by circle officer in spite of complaint from xxx farmer stating he was not aware to sale this land ( as regular practice of this farmers).again they have send 1 notice to me on 2007stating that we was not aware to sale & we have 3 daughters & 1 son they are also having right to sale this property with power of attorney on name of his son. I have relied I have already paid money to you & possession is also on my name (2500 cashew tree is recorded on my name last 2-3 years back).Again they have applied to sub divisional office .but they have also given remark on my name. Now they have suit file in civil court from son and opposites are his father, sisters & me ,that he should have require HIS RIGHT ON THIS PROPERTY ,please suggest me madhaviexports@gmail.com

Regards,

Vaibhav G.

Reply Follow

4 Replies

niranjan (civil practice) 23 December 2011

Simply having the name in 7/12 does not confer title.So it is important for you that sellers had registered sale deeds in their names.If you have purchased lands based on their sale deeds,do not worry,but if the properties were ancestral property,then you have to face them.

Suleman Patel (Advocate) 24 December 2011

1, According to hindu law the grand son has in hairs right in grandfather property called Birth Right / the

Same is not recognized in Muslim Law

2, suit can be admitted in the civil court and there will be long trial / court will not give him Permanent injection you can dispose the property but he can damage the property title

3, he claimed under the 3 years of disposal of the property so he seems to be within the limitation

4, in a nut shall if you compromise with him outside the court will be a better option for you

madhaviexports (v.p.) 25 December 2011

Thanks sulemanji .

1)This prpoerty was partial from his grand father .

2)This property i was taken in 2005 means 7 year back

even thoughu should i have to settle with this?

regards

vaibhav g

Suleman Patel (Advocate) 26 December 2011

1, does not matter either wholly or partially there should be an ancestral property

2, do not consider the date of transaction but just look when the plain is admit in the civil court if its admitted within the three years then the he is in the limitation period