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Author Topic: Seeking help in Immovable property  (Read 374 times)

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Offline nick

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Seeking help in Immovable property
« on: November 26, 2016, 12:14:41 PM »
Sir,

I have few question regarding Agri land RTS Appeal matter:
1} Can immovable property Appeal sustain after 15yrs under condonation of delay ? Land which was distributed in family decision with all people consent before15yrs.
2} Is an audio recording admirable as an evidence in a suit under immovable property matters ?

Thanks

Offline adv.amarnath

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Re: Seeking help in Immovable property
« Reply #1 on: December 05, 2016, 12:05:59 PM »
1} Can immovable property Appeal sustain after 15yrs under condonation of delay ? Land which was distributed in family decision with all people consent before15yrs.
Ans: If those decisions were made verbal/ orally then you can bring a partition suit without any condonation of delay.

2} Is an audio recording admirable as an evidence in a suit under immovable property matters ?
Ans: yes, under Section 65B of Evidence Act subject to prove it accordingly
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline nick

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Re: Seeking help in Immovable property
« Reply #2 on: December 05, 2016, 01:29:21 PM »
Ref:

1} Can immovable property Appeal sustain after 15yrs under condonation of delay ? Land which was distributed in family decision with all people consent before15yrs.

Ans: If those decisions were made verbal/ orally then you can bring a partition suit without any condonation of delay.



Respected Amarnathji,


Inherited land family partition done in a piece of paper 15 yrs ago with presence of Village talauti cum mantri for which entry VF6 passed and approved by Mamlatdar too.

Now, my brother did RTS appeal under Revenue matter and asking condonation of delay after 15yrs saying that, he is not aware of any family partition VF6 entry done in 1997.

Happy to take advice from senior honored lawyer like you.

Thanks

Offline adv.amarnath

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Re: Seeking help in Immovable property
« Reply #3 on: December 09, 2016, 12:26:58 PM »
Partition of a property can only be accepted if it is properly been drafted, possession delivered and registered before Registrar or Partition takes place through court. Rest all documents shall stands invalid and not legally binding upon any person
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline nick

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Re: Seeking help in Immovable property
« Reply #4 on: December 10, 2016, 06:45:43 AM »
Sir,

Partition has been done properly drafted, in addition to that, acceptance letter has been signed by all in front of Legal servant (Village Talati cum mantri) and possession has been delivered without any dispute in 1997.

I have the physical possession and name as a owner in 7/12 of the land since 1997 without any dispute.

But the issue arise now, brother act dishonestly and approach to RTS court for this land to create mental pressure on me.

and meantime  passing a message from other relatives to us "Provide some money than he can take his case back or else he will proceed with Civil court to get this land and ruined my legal status on land, so that no one can buy in future"

So,
1} Should i tape (Audio or Video) his demand so, i can prove, he is doing forgery in this matter ?
2} Can he able to proceed with Civil matter in this case ?
3} Is it true when civil matter proceeding start, it will ruined legal status of land ?
4} If i tape this statement should i take precaution from my side to save my land ?


Its really tough situation for me, so need your legal advice. Really appreciate your time and kindness.


I really want to appreciate founder of this forum www.legalservieindia.com
This is such a great platform, from which all citizens can get all kind legal advice from reputed, well educated learned lawyer.
I found Advocate Amarnathji is actively participate in each & every forum question and deliberate his knowledge and expertise to all, which is really awesome and kindness towards all citizens. You(founder) should urge all member advocate to participate in this forum which will increase visitor rank.  Thanks.

Offline adv.amarnath

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Re: Seeking help in Immovable property
« Reply #5 on: December 13, 2016, 05:30:26 AM »
I felt ridiculous to know a word "legal servant"... Neither they are public servant nor legal. They are mere authority to look after the village and interiors within a limited jurisdiction.

1} Should i tape (Audio or Video) his demand so, i can prove, he is doing forgery in this matter ?
Ans: Worthless

2} Can he able to proceed with Civil matter in this case ?
Ans: Yes

3} Is it true when civil matter proceeding start, it will ruined legal status of land ?
Ans: Haha... Joke of the year

4} If i tape this statement should i take precaution from my side to save my land ?
Ans: Worthless

Let me tell you that this is a civil caseand not a criminal case and no one can harm anyone through a case until contrary happens. I dont know about your matter in details and whatever I have said on the basis of your statement/ post. So, if you have genuine case then his case will be dismissed.

If you are much impressed with my active participation in this forum then click on APPLAUD just left hand side of this post below my picture.

For further clarification and consultation in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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