• Tenancy

My Father has been fighting a case since 1998 with one of the locals from the village under Kul kayda issue... But in 2011 A builder has purchased the same property from the son of the landlord ( deceased) and has transferred the property into his name....Please advise as to where my father stands in this situation and what can be done. Can he File a case against the builder( or anyone else) also is he liable to receive any share of land from that.

Thank you.
Asked 5 years ago in Property Law
Religion: Christian

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17 Answers

The procedure for the tenant to purchase the land is laid down in Sec. 32G of the bombay Tenancy and agricultural reform Act. It enjoins the Agricultural Land Tribunal constituted under Sec. 67 to publish a public notice calling upon the tenants, the landlords and any other interested person to appear before it on a speci- fied date. The Tribunal is also required to issue individual notices to the landlords and the tenants, and thereafter to decide the competing cases.

 

Father has to take legal proceedings to set aside sale of property by landlord in favour of builder 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

it is not possible to answer with out going through the relevant document. please consult local property lawyer. 

 

  

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

When was fraudulent sale discovered by you .

 

You have to file suit within period of 3 years of discovery of dale 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

How can the property be transferred during pending case. You can apply for the injunction.  You can challenge the said transfer being illegal

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

To advise in more appropriate manner the respective pleadings and evidences adduced needs to be seen.

If there is no civil suit filed then it is a ft case where case before the consumer forum can be filed.

 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

See if there was no stay on sale the property can be transferred though if father has any tenancy right he can claim from the builder same.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See there was no stay so he can transfer the property builder can be added as party to the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The limitation act applies in this case and you cannot file a case in this case as time of more than 3 year has already been passed and the rest of the time could not be condoned by the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

He will have to file an impleadment application and implead the builder as respondent.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

What is the status of the case after 2011

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The builder purchased the property from the party which he could not do as tge matter is under consideration of the court as tye has still to pronounce judgement. A suit for cancellation of sale deed must be filed in tge city civil court.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Application will file in court to implead builder, no fresh suit will file. Application can file even now.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. Yes.  Civil Case in this matter can be filed upto 12 years, from date of adverse possession or dispossession.  Case has to be filed against Landlords Son and Builder (both).

2.  You can ALSO file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since your father has been fighting the case from 1998 onward and ther is no mention about the stage or status of the case, without knowing anything about the case any opinion given in this regards may be a misguidance however since you say that the builder has transferred the property to his name, you may implead the builder as a necessary party to the suit to seek the relief of cancellation of his sale deed.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

If the builder was not impleaded in the original suit earlier then you may implead him at least now but you may not be able to seek cancellation of the sale deed in his favor as the same is barred by limitation.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

you will have to make an application for amending the plaint of your father for including the builder as a defendant party and also for making amendments containing averments against the builder and other consequential amendments

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

Yes he can file the case against builder and son of the owner in court for cancellation of subsequent sale by previous owner. 

Second sale will become null and void if your father proves that the land was sold to him in 1998.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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