Property reclaim
6 months ago
We have 0.45 ac. of land in the name of my father. 0.15 ac. was gifted to my aunt's family & another 0.15 ac. also gifted to aunt's elder daughter who was brought up in our family.There was a consent between us that our 0.15 ac. land would be sell to them whenever require and they also agreed to pay the running rate.On 2016 aunt's elder son requested to change owner name to him for a loan purpose.My father and y/brother agreed on good faith and signed the Mutation Form.Last year when we asked to sell them, they refuse to pay anything. My father is suffering from BP Stroke since last year and unable to speak. What can I do now to get our 0.15 ac. of land back.? All the localities are with us as they all are aware of the fact. Kindly suggest a means.
Since the transfer was not legally done so you may go to Assistant Commissioner officer and get revert the property in the name of your father and thereafter sell the same to any stranger.
It is a settled proposition of law that a judgment, decree or order obtained by playing fraud on the court, tribunal or authority is a nullity in the eye of the law. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings. Article 58 of the Limitation Act, 1963 states that the suit for declaration of title shall be filed within three years of right to sue accrues, A suit for declaration is a legal action that is filed by a person or entity in order to seek a court declaration or judgment on a specific legal matter. The purpose of such a suit is to obtain a formal legal determination or ruling from a court regarding a particular issue or question. Suits related to immovable property are governed by Sections 16-18 of the Code of Civil Procedure, 1908. These sections outline the rules and guidelines for filing suits concerning disputes over immovable property.Section 16 of the CPC states that suits related to specific types of claims concerning immovable property should be instituted in the Court within the local jurisdiction of which the property is situated. Reach out to an Advocate for guidance and steps.
Send a legal notice to your aunt's family, stating your intention to claim the land back as per the previous agreement or you may have to file a lawsuit to claim your rights to the land.
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