Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Arief.H.B (Managing Director)     11 November 2009

Very complicated Issue of SC & ST Land in Hosur,Tamilnadu.

 Dear Sirs,

I have a very interesting Situation here.

The land in question is Adi dravidar land.

One Mr. Badrappa Belonging to Schedule Caste sold his entire agricultural lands of his ancestral along with his eldest son to one Mr. Krishna a person belonging to some upper caste.

 Mr. Badrappa also had two more sons whom he didn’t informed or took into confidence when he sold the lands. All his sons were major at the time of sale.

Mr.Badrappa & his eldest son expired some time after the sale. Mr. Krishna was not able to get the revenue records transfer to his name since the land was A D in nature.

Now the remaining two sons have the procession of the land,

My Questions are.

1. The assignment condition was never violated in the first place; the land was with Mr.Badrappa for more than 60 years, before he sold the land to Mr. Krishna. So is the sale to Mr. Krishna Valid?

2. What is the legal position of Mr. Krishna? Since he had purchased the entire land for value, even if the other two sons had not acknowledged the sale. Does he have a fifty percent right in the property?

3. There are no documents other than Chitta, Adangal & Patta in the names of the two remaining children of Mr.Badrappa, for the whole extent of land. Do those documents make them the owners, for the entire extent of land?

4. What is the best remedy for Mr. Krishna? For getting 50% of the land in his name.

 



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 November 2009

If the land was not meant for the change at the time of the sales in the name of Krishna becuase it was AD land, no position changes now. an agreement made contrary to law is not maintainable and in my opinion Krishna has got no legal right to claim his share in his name.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     30 November 2009

Raj kumar makkad has rightly suggested


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