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Author Topic: Father's land & house claimed by another person.  (Read 1092 times)

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Offline pandeyrph

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Father's land & house claimed by another person.
« on: April 08, 2015, 11:49:07 AM »
Dear sir,
We have a deed (1994) with record (1998) and also we are happily residing at our own house(created by house building loan from West Bengal State Electricity Board) in this disputed suit since 1998. My father purchased this 6 katha land from  Sriti Das. Sriti Das was purchased this land from Lt. Patasi Mondal in the year 1992. After that in the year 1994 my father purchased it and recorded it in the year 1998.
We have,
1. Deed
2. Previous deed
3. Record
4. Searching Certificate (1984-1998)
5. HBL Document.
6. House Building permission from Gram Panchayat.
7. HBL Utilization Certificate.
8. Land Tax receipts (up to date)
9. House Tax receipts (up to date)
10. House number plate
11. Electric, Gas etc. connection's copy.
and some others documents also.

Suddenly, in the year 2013, N.G. Mondal brother of Lt. Patasi Mondal shwoing an another deed of the year 1991and he asking for money 1800000
 lakh. He saying that his sister has donate this 6 Katha land in favour of him. He had record also of the year 2006. But his his and my father's Khatiyan Number is totaly different.

We have purchased another 5 Gonda land just in the side(attached) of this land from his another brother Sanatan Mondal in the year 2009 and recorded it in 2013.

Now N.G. Mondal submitted a title suit in the court and asking for permanent Injunction showing cause that we are the tenant but he has no any document about it. Lower Division Court rejected his pray and now he doing reappeal in Higher Court.

My questions are,
1. Can he get Injunction?
2. His deed is Original?
3. How can be record 1 land by 2 different people?
4. What will be the final result about deed?
5. May we victimized?
6. A peron can sale a land after donate it, without withdraw?
7. His Lawyer saying in the trial that N.G. Mondal purchased this land instead of it was gifted.  Can this point helps us?

Please sir help us. Reply as soon as possible.

My father is gentle & honest retired person Sri Swapan Kr. Pandey.
Thanks & regards.
 
Yours faithfully,
Pulak Pandey.
email - pandeyrph@gmail.com



Offline pandeyrph

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Re: Father's land & house claimed by another person.
« Reply #1 on: July 28, 2015, 04:54:43 AM »
2.---------------------------------------------------------
May sister can donate or gift land to his brother from a partition deed ?

Dear Sir,
A registered partition deed was made in 1987 among 6 brother and 1 sister after their father's death.

In the year 1991 sister gifted his part to her brother N.G. Mondal who also belongs among 6 brothers.
Now matter is that,  N.G. Mondal has no interest before in this gifted plot number 298. His interest was on plot number 299 according their registered deed made in 1987. In 1992 again this sister sale it to Samir Das and Samir Das sale it us in 1994. We recorded it in 1998. Before us only  N.G. Mondal's father Lt. Tarapodo Mondal recorded this land on his own name.
N.G. Mondal controlled it with complex mind and he also recorded this plot 298 in the year 2006. From 2013 after death of his sister he asking for money 18 lakh for this .06 decimal land. Obviously we denied it and he putted T.S. against us in the court.

My question is that,
1. According to Hindu or Indian law can a sister gift a land to his brother or vice-verse ?
Please help me sir about my above question. I only want known the law about this type of gift. I know very well  N.G. Mondal trying to cheating to us.

Thanks & regards.
Yours faithfully
Pulak Pandey.
email- pandeyrph@gmail.com


1.----------------------------
Dear sir,
We have a deed (1994) with record (1998) and also we are happily residing at our own house(created by house building loan from West Bengal State Electricity Board) in this disputed suit since 1998. My father purchased this 6 katha land from  Sriti Das. Sriti Das was purchased this land from Lt. Patasi Mondal in the year 1992. After that in the year 1994 my father purchased it and recorded it in the year 1998.
We have,
1. Deed
2. Previous deed
3. Record
4. Searching Certificate (1984-1998)
5. HBL Document.
6. House Building permission from Gram Panchayat.
7. HBL Utilization Certificate.
8. Land Tax receipts (up to date)
9. House Tax receipts (up to date)
10. House number plate
11. Electric, Gas etc. connection's copy.
and some others documents also.

Suddenly, in the year 2013, N.G. Mondal brother of Lt. Patasi Mondal shwoing an another deed of the year 1991and he asking for money 1800000
 lakh. He saying that his sister has donate this 6 Katha land in favour of him. He had record also of the year 2006. But his his and my father's Khatiyan Number is totaly different.

We have purchased another 5 Gonda land just in the side(attached) of this land from his another brother Sanatan Mondal in the year 2009 and recorded it in 2013.

Now N.G. Mondal submitted a title suit in the court and asking for permanent Injunction showing cause that we are the tenant but he has no any document about it. Lower Division Court rejected his pray and now he doing reappeal in Higher Court.

My questions are,
1. Can he get Injunction?
2. His deed is Original?
3. How can be record 1 land by 2 different people?
4. What will be the final result about deed?
5. May we victimized?
6. A peron can sale a land after donate it, without withdraw?
7. His Lawyer saying in the trial that N.G. Mondal purchased this land instead of it was gifted.  Can this point helps us?

Please sir help us. Reply as soon as possible.

My father is gentle & honest retired person Sri Swapan Kr. Pandey.
Thanks & regards.
 
Yours faithfully,
Pulak Pandey.
email - pandeyrph@gmail.com

 

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