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Author Topic: Legal ownership of land  (Read 874 times)

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Offline munjalmehta

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Legal ownership of land
« on: January 16, 2014, 09:23:50 AM »
A person Mr. Chimanlal Shah had purchased a land in the name of his nephew Mr. Sudhir Shah in the year 1964 . Mr. Chimanlal had two sons Mr. Ramesh Shah and Mr. Naresh Shah, now in 1972 Mr.Sudhir Shah gave a written application to the revenue officer of the village to transfer the land in the name of Mr. Naresh Shah as he was a partner of the land. So revenue officer transferred the aforesaid land in the name of Mr. Naresh in 1972, and the land revenue records 7/12 and 8-A were in the name of Mr. Naresh. Mr. Sudhir died in 1981 (after 9 years of land transfer) and named all his property in name of his legal heirs. Now legal heirs gave a power of attorney to Mr. Vijay Pillai (third party ) about all their land. So Mr. Vijay Pillai did a sale deed in 1999 and registered the same in 2000. Now Mr. Vijay Pillai filed a case to obtain the possession of the land to deputy collector in 2002 against Mr. Naresh wherein the application was rejected due to time boundedness, So Mr. Vijay appealed in collector against the decision wherein the same decision prevailed. Mr. Vijay appealed to revenue secretary against the decision of the collector and even the revenue secretary gave the same decision in 2003. After which till 2013 Mr. Vijay has been inactive and not asked for possession or approached any court. Now the question is " Whether Mr. Naresh to approach the court about cancellation of the registered sale deed", " Can approaching to the court after 10 years go in adverse to Mr. Naresh", " Mr. Naresh has been in possession of the land since 1972 to 2013 so according to which act he can be owner of the land legally against the registered sale deed".

Offline advgaurav.sharma

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Re: Legal ownership of land
« Reply #1 on: January 20, 2014, 09:35:31 PM »
the person in possession of the land can claim adverse possession, while the other will claim based on the .
property deed.

Now there have been judgments favouring either,   in such a case in whose favour the matter will tilt is completely on the discretion of the judge and of course the kind of lawyer either party avils.

so no question of giving any clear cut answer to this query.

yes All we can say is you may contest the case is a 50-50 chance
Advocate Gaurav is a specialist in Trademark laws

 

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