Background: In 2012, the Ratnagiri collector passed an order transferring my father's house (built on government allotted land) to a fraudulent buyer without the presence of sale deed. The collector transferred society membership from my father to buyer even when sale deed and registration had not been done. The transfer was done merely on the basis of bayana agreement and my father's resignation from society membership which was also obtained through deceptive misguidance by the society secretary who was in cahoots with the fraud buyer. This matter was brought before the collector's court but it was closed in 2014 as my father could not go for hearings from Mumbai (he passed away in 2016). In 2021, we filed a suit in the Office of Divisional Commissioner, Fort, Mumbai, but the suit was not accepted citing delay of 7 years. I want to appeal this decision in Mantralaya Revenue Dept. Questions: 1) Do we need a lawyer to file suit and represent us in Mantralaya court? 2) Do we have to pay stamp duty on agreement value for this appeal? 3) What type of reasons will help in delay condonation?
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A delay of seven days is not such a delay for rejecting application. You need to file a condone dela petition citing some valid reason. Your petition will be readily allowed and appeal will be taken on record.
not necessary to engage a lawyer
2) you have to make out a case for condonation of delay
3)that it was fraudulent transfer
4) appeal attracts nominal stamp duty
1. You can appoint a lawyer to represent you if required but there is no compulsion.
2. In suit it depends on what reliefs you claim
3. You need to justify the delay with some genuine reasons
1. If you are aware of the legal procedures to file the case in court, you can do it as party in person itself.
2. You may have to pay the court fee to the value of the property as per the court fee and suit valuation act.
3. You may have to state the actual reasons for the delay in approaching the court after such a long gap.
1. You can approach the Mantralaya court personally , however engaging an advocate preferred in the absence of having no knowledge of the procedures of filing .
2. Generally no court fee is required to file the appeal before the Revenue dept,
3. You can move an application for condonation of delay on the ground of fathers illness and death
1. thats your choice whether or not to engage a lawyer
2. it is for the buyer to pay the stamp duty, unless agreed to the contrary in the agreement
3. how can a lawyer come up with reasons? that is for the party to give cogent reasons as to why the appeal was not filed within the statutory period. a delay cannot be 'made up'. it has to be genuine delay. 'sufficient cause' has to be shown by the party for not having filed the appeal on time.
also in your query you have not explained why the appeal came to be filed after almost 7 years of the passing of the order?
a lawyer cannot be asked to supply reasons. it is for the party to provide cogent reasons. if a lawyer concocts a story for delay then that amounts to professional misconduct and this may also heavily backfire against the party seeking delay condonation
a party has to be vigilant over his rights. if he sleeps over his rights then it would be at his own peril and risks. Courts of law frown upon proceedings which are filed belatedly.
