Hi

what are the prayers in the writ petition?

1.You can move an application for injunction to restrict the third person from any kind of activities on the said land , now since the matter is in the court there may be a prayer as well for the same till the writ is being heard.

2. Yes you can insist the police to file FIR, on the basis of the Name transfer in the village entry despite the commissioner's order.

3. you can also obtain a probate on the WILL.

4. service providing local authorities dont establish any of your title or right over the property, So the court order on the the same has to be obtained.The third party has to be made party in the writ petition,if you haven't done yet do that or else for that the proceedings will delay

press for an interim injunction to refrain any further activities by the third party.

1) you have to file suit to set aside sale of land rely upon orders passed by Konkan division commissioner

2) seek injunction restraining sale of land by third party

3) file police complaint of cheating against the seller as inspire of court orders he has fraudulently sold the land

You have to take legal proceedings to set aside fraudulent transfer of land by the seller

2) since third party rights have been created and mutation done in name of purchaser you have to challenge mutation done in respect of said property

3) amend the writ petition make purchaser party to the writ proceedings

4) you have to disclose material facts before the court

1. As we have title deeds (registered Will) & Assistant Commissioner, Konkan Division Court’s order in our favor, but do not have original title of the land (we have certified copy of same), can we show our ownership on the land & restrict the third person for having adverse possession on the land?

Registered will is not the title document, it has to be enforced through court by obtaining probate in the event it is objected by anyone having a vested interest in the property. What is order of the Asst. Commnr. Konkan division? What prevented you to not to initiate contempt of court action against the Thalathi who refused to obey the orders of the authority above him?

Why did you not approach a civil court to seek injunction agaisnt the thalathi restraining him from transferring the revenue records on a third person's name especially when there is a order by an authority to transfer the same on your name?

Why did you not obtain certified copy of the registration copy of the title deed from the sub-registrar's office instead of carrying an inadmissible photo copy of the same?

There are plenty of whys to be answered by you which are the solutions to the present crisis.

2. Can we do police complaint on the basis of registered will & order of the commissioner, and can we compel local police to file F.I.R. on the basis of same? Local police are not ready to lodge complaint at present since we do not have my father’s name on the records of rights.

The police cannot interfere in the civil matter. You have solution only in the civil court which you have not approached so far.

3. Can anyone tell us what legal rights we have since all public authorities like electricity boards or grampanchyat or police are not keen in helping us even after complaining them?

It is clear from your own question that the authorities whoever you have mentioned above have no rights to entertain any application from your side if you cannot prove your title.

A Will alone cannot become a title document, you have to prove the will by filing a probate case seeking grant of probate of will to prove your title.

4. Do we need to make this third person as party in our writ petition as well to get temporary injunction? Or will this third person matter get resolved once the high court orders proper rectification & mutation entries on my father’s name?

A writ petition also may not solve the issue because you have not exhausted the remedies available in the civil court before approaching high court with a writ petition.

Hence it is likely that the writ petition may also not fetch you the desired result.

You can approach civil court and seek proper relief and remedy to this issue as per law.

5. What all we can do immediately refrain third party encroaching & doing any development in the land?

An injunction suit in the jurisdictional civil court would help you render some reliefs.

Can I deal with this third person after we resolved the matter with government authorities first, as we files the case with them? As per my understanding once we put forward 7/12 extract made on third party name ignoring facts provided to the revenue authorities, finally when our name put in records of rights cancelling all earlier 7/12 extracts & M.E. in related to land. Third party claim will be void & we can have entitlement on the land. Only question is can we deal with adverse possession of this third party at that point of time? Or make him out of our land?

Even now in my opinion, you may not get desired relief through the writ petition.

You can file an injunctions suit agaisnt the Tahsildar, district collector etc seeking to restrain the talathi from further transferring the revenue records and also to restore the revenue records on your name on the basis of the probate of will.

Please note that probate of will in Mumbai is mandatory.