• Illegal encroachment of land by generating false documents

My late father  purchased 25 decimal of land in 1961 vide deed  dated 12-20/12/1961 as a part of plot which has a total area of 170 decimal  and the mutation of the land was done  in 1978-79 in the name of my late father  .The same land is also appearing in the name of my father online on the portal of Jharkhand Government .  

              Since year 1978-79 we are paying the land revenue to the government of Bihar/ Jharkhand up to 2016-17 and land was in our possession as per our knowledge and was lying vacant .
            In December 2014 I approached the local land revenue officials to carry out the demarcation of my land before I start any construction work but with no response.
 In August 2016 when I visited at site I found someone has encroached on our land. Based on the changed situation I approached the Jharkhand Government CHIEF MINISTER official grievance redressal forum. 
 i got the response that as per their records the total land area was found to be more than 220 decimal in place of 170 decimal.It seems that it is a case of dual registration and dual mutation by land revenue officials.And as such to redress the problem I will have to go to the competent court.

    I UNDERSTAND THAT DOUBLE MUTATION OF THE LAND CAN BE CANCELLED  BY DISTRICT LAND REVENUE OFFICIALS,HOWEVER TO CANCEL THE FABRICATED SELL DEED IN YEAR 2002 I WILL HAVE TO APPROACH THE LOCAL LOWER COURT.
KINDLY ADVISE FOR COURSE OF POSSIBLE ACTIONS,ALTHOUGH I AM STAYING IN NOIDA AND LAND IS IN JHARKHAND AND I AM A RETIRED EMPLOYEE FROM PSU. .
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) you have to file declaratory suit that you are absolute owner of land

2) you have to seek orders to sets side sale deed fraudulently executed

3) make purchaser party to the suit

4) seek orders for eviction of trespasser and seek injunction restraining sale of property by purchaser

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. Your grievance is not merely mutation, but that someone has trespassed into your land. Mutation is not a document of title. So you should file a suit for recovery of possession against the trespasser.

2. Apart from a civil suit you should also file a FIR for criminal trespass against the trespasser under section 452 IPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If a sale deed has been forged to oust your title then you have to file a suit for declaration of the said sale deed as illegal. Also file a criminal complaint under section 420, 467, 468 and 471 IPC

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The property in your father's name has to be transferred to your name by producing death certificate and legal heirship certificate as well as NOC from other legal heirs.

After this you may file a suit for declaration, to declare the title of the property on your name and for possession of the encroached land by the neighbors.

Approaching court with a suit shall be a better relief to you instead of running behind the reluctant government offices who will not be able to help you in any manner.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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