Advocate Prem Singh

Questions Answered by Advocate Prem Singh

Q: Can someone claim your property? ,What to do if someone claims our land ?

Sir, My paternal uncle and aunty died in 2004 in road traffic accident.They had no child.. Their LIC along with all the payment was made to my grand mother by civil court purnia( the descion also stated that they didnt have a child)..My grandmother also died in 2008 and then we found out that my uncle had a land in the name of my aunt but since my aunt was a housewife and my uncle earning .My father applied for succession in patna civil court and got the succsesion ..He filed for mutation of land got that also..So he sold the land also to another person..Now when that other person went to construct his house..Some goons came and told him that they bought the land from my uncle's son(which never existed)..They are also having mutation along with resgistry paper..What should we do? How do we proceed further. and what are our chances to get the land back..? what is land grabbing act ?

Advocate Prem Singh answered
First you try to take possession of the land on the basis of succession certificate and other documents, with the help of police. Then file an application before SDO court that on the basis of those forged documents, those people are trying to grab your land

Q: Re opening of an land encroachment case after 20 years of the case, can you reopen a case after 20

Under any encroachment case 15-20 years back, if one got the release on paper by the administration itself saying there is no encroachment . Then what is the chance of reopening the case after so many years and what could be the probable decision by the administration?, can a disposed case be reopened ?

Advocate Prem Singh answered
If the order has been passed that there is no encroachment and no appeal has been preferred by the administration, the order became final and there is no question of reopening it. Once the order became final then can't be reopen unless there is some new ground

Q: How to get permanent stay order on land ?

How to get permanent stay order on my Part Land, Our other family are capture my land & started illegal construction. Please Advice How to gen Permanent Stay Order on this land. Can i get online stay order on property?, who can take stay order on property ?

Advocate Prem Singh answered
You can file civil application in you district civil court for granting permanent injunction. You have also option to file application under section 145 of criminal procedure code and the court will consider your case. If the title document in your favour, you can approach local police for help. Any one of above said proceeding wii solve your problem

Q: How to transfer property from grandfather to grandson? Can a grandfather gift property to his grands

Is there a way to transfer property from a deceased grandfather directly to his grandson without first transferring it to the father's name (who is still alive) with his consent? If yes, how to transfer property from grandfather to grandson? Can a grandfather gift property to his grandson?

Advocate Prem Singh answered
As per Hindu Law , you are a legal heir of your grandfather 's property, along with other legal heirs of his. If he wants to give you his property, specifically, then either he can make a will in your favour or transfer it by way of gift through registered document, following the possession of the property

Q: Can I register the sale of property in another state? Specifically, can property registration be don

I have some landed property in Bihar, but I currently reside in Kolkata. Can I register the sale in Kolkata? If not, given that the area is quite interior, can the sale registration be done in Patna instead of at the registration office in the territory? Specifically, can property registration be done anywhere in India for a sale deed in Bihar?

Advocate Prem Singh answered
Earlier there was such provision to register the property in Kolkatta. But now the property can be registered either in district registry office or sub registry office where the property is situated.you may take steps to register it in district town.