Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Haris (NA)     23 May 2015

Respondent sold the dispute land to someone and avoided cour

Dear Sir,

My father won a land dispute case about 40 years ago. The verdict was pronounced by Kerala High Court division bench. My father died after few months (after verdict) before completing all legal formalities to get the land for us. I was just 5 years old. My mother and I were forced to relocate after my father demises.

Recently, I came to know from mother about this land dispute. I also came to know that the respondent sold the land to someone immediately after my father demises. We are not sure whether respondent approached Supreme Court but we didn’t get any legal notice from any court after my father demises. My mother doesn’t know the case number, year or other details. She knows only the land location and name of respondent.

Are we still legally eligible to get the land? If yes, what we need to do?

Thank you very much,

Haris



Learning

 3 Replies

prof s c pratihar (medical practitioner &legal studies)     23 May 2015

Engagealawyer forsearch. You can also write TO.  registrar general of high court or get information through rti act,

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 May 2015

Sir, Get the details from the court regarding the case and property details ... I mean if the property was registered in your father name then you were required to made a party in any case. Get the actual details and then proceed further . Warm Regards Kapil Chandna Adv 9899011450

Suneet Gupta (www.vashiadvocates.com)     26 May 2015

Dear Sir, In this case I am not sure whether you can do anything legally. As per the Civil Procedure Code, even after winning the case, the decree is to be executed. Apparently your father passed away before execution of the decree.

As per the law, his legal heirs should have got the decree executed within the limitation period. Since the case is now ~40 years old, it is well past the time limit for execution as per the Limitation Act. Even if the land was transferred in your father's name and fraudulently sold off, the Limitation Period for rainsing a dispute or filing a suit is 20 years.

I am sorry for you but I would advise you not to spend any money on this case, as there is little chance of any legal solution for you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register