• Does grampanchayat have power to cancel property ownership

Our father purchased 3 Acres land in 1970.In 1979-80 converted this land into N.A.made 33 plots,out which sold 28 plots.He died 0n 07-07-2012.We have applied for succession mutation on 01/10/12.One plot having 60'x80',3 rooms building mutated in favour of us.after 04 months one local persons complaint on saying that,this property belongs to his cricket club.Panchayat called meeting to discussed on his compaint on 21/05/2013.In meeting the matter was discussed.It was concluded that the property belongs to us.In the same meeting I had declared that,on this
property we had started Recreation Club,under the Trust by name Sri.S.P.Patil Edu.Trust,which was established in the memory of our father after his death.The Panchayat and the arguer were accepted and panchayat told that,submit the relavant documents and we will tranfer the said propetry in the name of Trust.We had submitted the documents on 30/07/2013.The Panchayat had cheated us.On 10/10/13 the arguer had broken the locks of our builings and illigaly occupied our property.We had made case in kamalnagar Police stn.On that day only we came to know that the panchayat had taken this decision that,this property had been transferd infover of Sri.Channabasav pattadevaru trust.the president of that trust is the complaint giver.We had understood the whole situation.We had given the complaint against Panchayat decision to Exe.Officer Taluka panchayat and also to C.E.O.Zillapanchayat.When there was no concret action was taken by these office,We have applied Panchayat under R.T.I Act.when P.D.O replied, it came to know that,the application which was given by us on that meeting it was overwritten and wrote that, we our self declared that,this property is public property.once again we had made complaint to E.O and C.E.O.no action was taken by them,and  it almost one and half year completed no action was taken by panchayat about remaining 04 plots and about one plot wrong decesion of Panchayat,What shloud be the next action taken by us regarding this case.Please suggest us.
Asked 10 years ago in Property Law

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2 Answers

1) contact a local lawyer . file complaint for cheating , criminal breach of trust, forgery with the magistrate under section 156( 3) against panchayat to direct police to investigate and submit report .

2) also file appeal against order of the panchayat transferring property in favour Sri.Channabasav pattadevaru trust

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

1. Gram panchayat cannot cancel the ownership of property. The power to cancel the ownership has been vested in only civil court.

2. It is obvious that gram panchayat has connived with the trust. File an appeal against the panchayat order and also file a criminal case for trespasss and house breaking against the complaint who broke into your property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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