You have to file suit to set aside lease deed 

2) enclose copy of gift deed executed in favour of grand father 

3) seek injunction restraining sale of property by plantation company 

Dear client,  

Based on the information provided, it appears that there may be a dispute over the ownership and possession of the property in question. The fact that the son of person X executed a lease deed in favor of Plantation Ltd. complicates the matter, as it gives the company certain rights to use and occupy the property.

To resolve this dispute and take possession of the property, it will likely be necessary to go through a legal process. This process may involve filing a lawsuit to challenge the validity of the lease deed, asserting your ownership rights based on the gift deed from 1963, and seeking a court order to cancel the lease and regain possession of the property.

The specific legal procedures and timeline for resolving this dispute will depend on various factors, including the specific laws and regulations in your state, the details of the gift deed and lease deed, and the evidence and arguments presented in court. It's important to work with a qualified lawyer who specializes in property law to guide you through this process and help ensure that your rights are protected.

In general, the burden of proof will be on the party seeking to enforce the lease deed (i.e., Plantation Ltd.) to demonstrate its validity and right to possession of the property. If you can successfully challenge the lease deed and demonstrate your ownership rights based on the gift deed, you may be able to regain possession of the property and have the lease declared void.

Lease deed needs to be challenged in court to prove it void. The civil court has jurisdiction to declare the same

First of all Y has no right to lease the property as the property had already been transferred by way of gift deed to your grand father.

Therefore the lease deed is void ab initio...means void from beginning.

Now you should should get the mutation in you name(or who ever be legal heirs of your GF)

File a suit for possession as you guys are owner... evidence will be Gifted Deed, Mutation records, Void lease deed etc. You can approach me for assistance.

Property is yours go and fight for it.

1. If the gift deed is valid, you may file a suit for possession of the property in the court of competent jurisdiction. You will need to prove that the gift deed is valid and that the lease deed is not valid. 

2. You may also file a suit for cancellation of the lease deed. The court will have to determine whether the lease deed is valid or not.

3. It may take some time for the court to decide the case, depending on the facts of the case and the jurisdiction in which the suit is filed. 

4. If your grandfather is the registered owner of the property as per the mutation records and has a valid rasid issued in his name, then he will be the legally strong party in the case. 

5. If the plantation Ltd is in possession of the property, you may need to file a suit for declaration of possession in order to take possession of the property

It appears that the transfer of property by a gift deed in favor your grandfather was executed by an unregistered deed, which is invalid in law.

It also appears that your grandfather was not in possession of the property even though it was gifted to him in the year 1963.

As the property's possession was still with the donor, the donor's son in the capacity of successor in interest to succeed to the estates of his deceased father had transferred the property which was acquired by him with physical possession, to the lessee in the year 1993. 

It appears that neither your grandfather nor his successors had objected to the 1993 dated lease deed neither they took any initiative to take possession of the property even though they got the mutation records transferred to their names subsequent to the execution of unregistered gift deed of ther year 1963.

For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

Section 122 of TP act defines:

122. “Gift” defined. —“Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Acceptance when to be made.

If the possession was not delivered in this unregistered gift deed, then the donor may claim that the gift is incomplete and not maintainable besides he has adverse posssession of the property, hence you have a very weak case.

1. Send a legal notice to 'Z' and Plantation Ltd for having leased out your grandfather's property, which he got it through registered Gift Deed from 'x' and the mutation of grandfather's name in the revenue records has also been updated.

2.  If there's no positive response, file a suit in the jurisdictional District Court for declaring your grandfather as the owner.

if plots are not matching with khaitan then deed of rectification has to be executed duly stamped and registered by parties 

2) if  z is refusing to permit you to take possession file suit against Z enclose copy of gift deed and seek orders to direct Z to deliver possession 

If the property was gifted to your grandfather by an unregistered gift deed and your grandfather did not take any steps to take possession after that then the gift deed is not valid

Even if the gift deed was made by a registered deed, why did he not take possession.

Since the gift deed is reported to have taken place decades ago and the possession is also not with you, then your claim for title and possession at this stage may not be maintainable.

Yes you can take both civil and criminal remedies in the same 

Based on the information provided, it seems like there are a few issues that need to be addressed. Firstly, the fact that only one of the Khata numbers matches with the plot number in the Khatian, while the others do not, suggests that there may be a discrepancy in the property's boundaries or ownership. It would be best to get a land survey done to determine the exact boundaries of the property.

Regarding the mismatch in the area mentioned in the gift deed and the mutation record, it is important to note that the gift deed is the legally binding document in this case. However, if the mutation record is incorrect, it can be challenged in court and rectified.

With regard to Z's illegal possession of a plot and construction of two small rooms, you may need to take legal action against him. You can file a complaint with the local police station or approach a lawyer to initiate legal proceedings against him. It is important to gather evidence to support your claim and prove that Z has illegally taken possession of the plot and constructed the rooms.

In summary, it is recommended that you consult with a lawyer who specializes in property law to help you resolve these issues and take appropriate legal action against