• Legal advice to file case in court for land

Kindly provide me legal advice to file case in court for land.

Grandmother land forcefully register to other party without my mother signature and concern in the year of 1996.
now only we came to know while doing partition among family.
Land is given by great-grandfather to grandmother. 
we belongs to schedule trible. Apart from me and my brother no one studied. 
Kindly advice what are the documents needed to file case.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) grand mother inherited land on demise of her father

2) she was at liberty to sell , gift land to any person

3) if land was forcibly transferred then grand mother should have filed suit to set aside transfer of land

4) after 20 years court may not grant any relief to you

5) for filing suit enclose copy of transfer deed made by grand mother in favour of third party

6) mention grand mother was illiterate and land was forcibly transferred

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

SC / ST land can be sold to person from other community only with collector consent

2) if no consent has been obtained sale would be void

3) complain to the collector that your family has been forcibly dispossessed from said land

4) file suit to set aside sale as no prior consent of collector obtained

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. It is not clear who has purchased the land.

2. if the purchaser is from general category then the sale is bad in law and SC/ST land can not be purchased by other people without the permission of govt.

3. So you can explore this option.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Who sold the property to whom?

If it was transferred by your grandmother during his lifetime then your mother cannot claim any share in it, but if it was sold after your grandmother's lifetime then your mother should have got a share in the sale consideration or she can file a partition suit claiming her legitimate and rightful share in the property and separate possession

Even now she can claim her share through a partition suit.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Can i file case under SC/ST Act .section 3 of principle act clause F wrongfully occupies land or get transferred .

They forced and hurt-ted by beating and blackmail . the person who did from other community.

For releif of share in the property you should file a partition suit.

For caste based atrocities, you may lodge a criminal complaint with the concerned police.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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