Advocate Dilip Manivala

Questions Answered by Advocate Dilip Manivala

Q: How to file application in high court to make party in ongoing case

Dear sir,we are in position of the land for the last 50 years which is granted to third party but RTC and katha was in the name of my grand father and paying tax from 1975 to 1997 as unauthorised cultivators & aplied form 50 53 for grant of land.in 1998 RTC and katha suddenly changed to grantees name & thahsiladr issued notice to us.after the case is going on in different courts.in the meantime grantee sold the land to third party in 2005 when there is a case pending before KAT court.after the so called purchasers filed a eviction suit in civil court in 2014. In this time I found a document in thaluk office that mentioned, the grant land which is sold in 2005 by grantee is canceled by divisional commissioner in 1979.I surprised and Finaly I got attested copy of grant cancelation order and filed in civil court in 2016. After that opposite parties filed wp in high court for quash the divisional commissioner order after 37 years without making us parties.how to approach high impleding

Advocate Dilip Manivala answered
Dear sir, With regard to your query. You have to file an application to implead yourself in the writ petition filed by the grantees by giving detail of the facts, the documents in support of your case and also make out the grounds as to why your application should be allowed as to get arrayed as the respondent/s. If necessary details are furnished further advice can be given in the matter. Regards, Dilip

Q: What is the meaning of disposal of the case ?

Hello , OS /77/2013 Filed in Siddalghatta , Case is disposed , what does it mean .Nature of Disposal: Contested--TRANSFERRED. What does it mean , we are defandant

Advocate Dilip Manivala answered
Hello, It means that on the point of geographical jurisdiction the matter has been transferred to the jurisdictional court. The court to which the matter has been transferred can be explained if we are given the details of the situation of the property. Regards, Dilip

Q: How to appeal against divisional commissioner order in high court

Sir,in 1959 Bangalore divisional commissioner grant temprory 4 Acre land to ex military person and he got permanent grant in 1969 by thahsildar on 1959 order,the same had been canceled by divisional commissioner on 1979 for violation of land grant rules.til date no appeal took place can we go to high court now

Advocate Dilip Manivala answered
Dear Sir, Considering your case, i can advice you only if i am able to get answers to the following:1. Are you in possession of the land in question? 2. When the order for cancelation was passed, did you participate in the proceedings? 3. If not, when did you gain knowledge of the said orders? 4. On what grounds was the order for cancelation passed? Kindly provide the following details to advise you properly. Regards, Dilip

Q: Can a husband claim share in property if wife made will to nephew

My father's aunt made a will on my father. Now my father's brother wants share on it he went to court. My father's aunt was uneducated my uncle cheated her by taking her property with her singnature later my father's aunt went to AC office taken back her property later made a will on my father. Now my uncle asking share on it. Will he get his share? Pls share ur advice

Advocate Dilip Manivala answered
Dear Madam, If the property in question belongs to your father's aunt, that is to say, if it her self acquired property and if she has left a will in the name of your father, then other than your father no one else can claim a right/share in it. I would advise you to file a caveat before the jurisdictional court in order to prevent any unwanted orders to be passed against your father by any courts at the instance of any partition suit which may filed by your uncle. Further it is always adviced that your father files for a probate and succession certificate before the jurisdictional court. Regards, Dilip

Q: Procedure to transfer the ownership if owner died intestate

dear all, one of my friend's father has died without registering the land on my friend name in 2005 ,now he wants he wants to sell this land ,but the land is on his father name ,please let me know the process of selling this land .His mother also died so he is the only legal heir

Advocate Dilip Manivala answered
Dear sir, In cases of intestate deaths, the surviving legal representative/s has/have to get relevant family tree prepared and make a representation to the jurisdictional revenue/municipal authorities to change the khata in his/her/their names. However in certain cases the legal representative/s may also have to approach appropriate court to get the requisite relief. Appropriate advice can be given once the client approaches the advocate. Regards, Dilip