Advocate Chetan Kanungo

Questions Answered by Advocate Chetan Kanungo

Q: How to recover property from illegal possession

I have recently come to know that my grandmothers father had an agriculture land. I got the khatta certificate with khasra numbers. It has the name of my grandmothers father. There are other people who have occupied the land and farming on it. When I am checking online on mpbhuleka it is showing other peoples name. I am Muslim. Those who have occupied the land are pundits. What are my legal remedy. Thank you.

Advocate Chetan Kanungo answered
You need to find out since when is the name of these other people recorded in the Khasras and on what basis. If the entry in the Khasra is on the basis of a registered deed than you need to find out whether someone in your family had sold the property to somebody else. After the fact finding, you can file a civil suit for declaration of title and recovery of possession against the trespassers/ encroachers

Q: How to get possession of property?

My father is running a shop from last 25 years,however it is registered on my uncles name, it was given to us during the property distribution however my uncles is claiming back the possession now. What can we do?

Advocate Chetan Kanungo answered
You can a file a suit for Declaration and Injunction against your Uncles on the basis of the family settlement under which your father obtained the possession of the shops. You can send a notice in the meanwhile.

Q: Bought property from brother in law on wife's name want to register

I bought a plot on lease in 1998 and registered it on my brother in laws name. I have the proof that i made the payments. In 2017 i got it registered ( purchase from brother in law) on my wife’s name without any issues. Want to know if this transfer was legal or any fault lies here? Also there was no payment done to the brother in law in this as the property was already mine but the registry charges were paid according to the value of the plot in 2017 by my wife. If my wife declares this property then which year do i show the purchase for 1998 or 2014?

Advocate Chetan Kanungo answered
Dear Sir / Ma'm - As far as the validity of transfer in 2017 is concerned, the same depends upon the transaction carried out by you in 1998. If you can verify and confirm whether the transaction of 1998 was a lease or conveyance, then perhaps the issue of validity of transfer in 2017 can be assessed and determined.

Q: Recruitment for post of assistant professor at AIIMS Bhopal

Dear sir i have filed a writ petition against selection of a candidate at aiims bhopal for the post of assistant professor. As i was also one of the candidate. after 6 month of hearing now union ministry has replied that case to be filed in central administrative tribunal. as per the new notification of personal, public grievance and pension ministry . Do all such cases regarding new recruitment also to be filed in CAT? needs ur expert advise on the same

Advocate Chetan Kanungo answered
Dear sir/mam, the proper forum to pursue any service matter against AIIMS including recruitment and appointment is CAT. The objection raised by the Union Ministry is with respect to the Alternative Remedy available to you before CAT, which although is not an absolute bar for the High Court to entertain a writ petition, but interference is made by the Court only in exceptional matters.

Q: Property Ceased by Collector. Ceased Order on the name of Prev. Owner

Hello, I purchased a house in Indore on 4/3/2017 from Mrs. XXX with all legal formalities like agreement,paper advertisement, legal search and valuation. Property hypothecated with Central Bank of India. After Purchasing of property there is a case filed by investors of MRS. XXX company and order passed by Indore Collector on 28/10/2017 , property was ceased by SDM without any notice or publication. We are having registered Deed. We objected infront of collector by written, but no progress till date (approx 3 months). Please advice, can we launch a plea in Highcourt or suggest appropriate steps. We are out of house and paying home loan emi too. Thanks in advance.

Advocate Chetan Kanungo answered
Dear Sir/Ma'm, The appropriate steps that can be taken in the matter are filing a Writ Petition before the High Court, filing a civil suit for declaration, injunction and recovery of possession, or filing an OA before the Debt Recovery Tribunal. The most appropriate step will, however, depend upon the nature of the order passed by the Collector, Indore and certain other relevant information, should you chose to share with us. The most important advise I can give you at this stage is that you should take legal action at the earliest as it is already 3 months from the date of passing of the Order by Collector, Indore.