Declaration & Possession
Respected Sir,
I am Advocate ( Ex-Defense) but. Not professional, representing only my case as Party.
The interstate Family Apportion. agreement made in 1974 in plain paper, not registered. Mother was given the share from each three sons, 2:21 acres, for her maintenance till she alive and to Maintain the Customs of three Daughter's clothes etc. But the land will be on the name of respective individual, after her death respective land will be under individual and Three Sisters right also deprived in 1974, being small we could not do anything. Among three, one brother taken by force his share in 1974 itself. Second. Brother Sold his share in 2015. without informing mother.Now filed the Suit in. Civil by Mother.
We do not have any proof that since 1974 to till 2015 that dispute land under Occupancy &. Possession by Mother. The land was given to a man on 1/4 share to cultivate since four years by Mother (Widow).
Same person under collision purchased the land under conspiracy with brother without information.Notice 135D not serviced as mother name was not mutation on record as per family Agreement
Now opponents replied that the Land was given to present tenant on Share and purchased by him (fully adverse statement). besides Agreement being not registered can't accepted and Suit is barred.
Pl guide me by SC Judgement that Family Apportion Agreement not required to registered and other substantial Law in. Support of this.
May i take the. Affidavits from known persona that dispute land was under Occupancy of my Mother since 1974, would it little base to support. The dispute land under purchased person. Pl guide me under HSA 1956 and amended 2005 and be deem fit. at your wisdom.
Can we place the amendment in the Suit during coninnuity of Suit, if so pl requested to mention the Section. Also to take the refund of stamp duty, initially place the Suit under ank 300, but registrar said to enter with stamp Duty, later i came to know that the Party who made the sale Deed and ask for the Cancellation, they supposed to pay duty. We only Contend that this sale Deed is unauthorised and not bound to us.pl mention the Section for Refund of Stamp Duty. Can we place the application in same Court or else.
From Harendrasinh. Email. : [deleted]