Dispute over Dr Hemlata’s land in Jabalpur:Army steps in as municipal corporation takes back ₹60 crore property

Senior eye specialist Dr. Hemlata Srivastava (80) from Jabalpur has five claimants to her property, including her two sisters. The Indian Army is also among the claimants. Dr. Hemlata took her last breath on February 16. Immediately after the funeral, the district administration seized her property worth more than 60 crore rupees. This property, located in the posh Right Town area of Jabalpur, spans 25 thousand square feet. Until about 15 days before her death, this matter was consistently in the headlines. Currently, a case regarding this property is ongoing in the SDM court. Corporation cancels land lease Municipal Commissioner Ram Prakash Ahirwar issued an order on February 18 canceling the land lease. Dr. Hemlata’s belongings kept there were handed over to family members. A sub-health center will be opened here soon. Dr. Hemlata wanted to build a hospital on this property in memory of her husband and son. After her death, the biggest question is who will be the rightful owner of this property? What legal complications could arise in obtaining ownership? To find answers to such questions, Dainik Bhaskar spoke with the District Collector, investigating officer and property law expert advocate. Read the report… Collector says – SDM Court will make final decision Jabalpur Collector Raghavendra Singh said that the land originally belonged to the Municipal Corporation. The lease terms did not include that the land could be transferred to anyone without the permission of the Municipal Corporation. Even if a transfer had to be made, there is a complete process for it, which was not followed. For this reason, the Municipal Corporation is independently taking action to take back that land. A notice has also been posted on the property. Issues were created regarding the validity of the gift deed. This happened because Dr. Hemlata had refused her part. She had said that we gave them the land but unknowingly they also took permission from us to sell it. These 5 claimants came forward for the disputed property 4 important factors in determining land ownership Property law expert lawyer Sampurn Tiwari says that 4 things are important in determining land ownership. The property may have been received through a deed of gift, inherited through a will, purchased, or received through a court decree of land ownership. In the case of Dr. Hemlata’s property, none of these conditions exist. Gift deeds or wills, both these documents only become effective (activated) when the person writing the deed has legal ownership of that property. In this case, it has become clear that the concerned property is not owned by anyone, but is leased property. If this situation had been resolved before death in front of a competent court and a decree had been obtained, then this could have been resolved in a legal and proper manner. In the current situation, all claimants who have any kind of records such as gift deeds, wills or any sale agreements will have to file civil suits in court. After this, the court will determine that if the title dispute is resolved, the deed of gift and all other documents will become effective. If lack of title is found, the property will be considered government-owned. Government will decide whether statement will be accepted or not Advocate Tiwari said that lease is of land. The construction done on that land, such as buildings, gardens or flowers-plants, can be transferred. This property can only be transferred to those who are its legal heirs. In her final statement given to the investigating officer, Dr. Hemlata had said that a Memorial Hospital should be built on this land. If this does not happen, the property should be given to the Indian Army or the state government. In this case, if she were the absolute owner, what she wanted would have happened. Now it completely depends on the administration whether they accept her wishes based on her final statement or not. This statement will also play an important role in court. Hearing in SDM Court on February 27 The next hearing regarding this entire matter will be held in Adhartal SDM Court on February 27. A decision will be taken on further legal proceedings. However, legal experts believe that the case can go from SDM Court to Collector and then to High Court.