My father purchased house from his brother (my uncle) in 1980 and we have the kevala with us. That house's land is in my mother's name. My uncle's family used to stay in that house only till long time. After my uncle's death and thereafter my uncle's only son's death around 2011 or 2012 (some anti social elements conspiracy in my uncle's son death) the anti social guy (1st person so called buyer) bought the land from my uncle's son's wife in pea nuts in the year 2012 (huge conspiracy). The land was then sold by the 1st buyer to some other person (2nd buyer) in 2016 October. They (1st buyer) were also getting rasids of that land from the CO office from past sometime (not sure how many months/years). Now the person (2nd buyer) has started some temporary construction on that land, they started demolishing old khapra house and have built walls and planning to put tins. They even called gundas and threatened my parents that they will kill them if they interfered in the construction/demolition work. Please suggest how can we proceed on this. The SDO is creating issues in implementing 144 on that land. We approached local thana and they are saying that the 2nd buyer's papers are genuine and they have rasids as well while we don't have rasids. The officer incharge is saying that our papers are invalid. 2nd buyer has paid a good amount to thana people. My question is does thana in charge has the right to decide on the papers authenticity. I guess law does not gives this authority to local thana. We contacted IG, SP but they are giving a complete blank response. Please suggest me how can we handle this situation and I shall be very thankful for this help ! Regards Rahul
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You have to file declaratory suit that your mother is absolute owner of land
2) seek orders to set aside sale deeds made in favour of buyers
3) seek injunction restraining carrying out demolition work and carrying on further construction on said plot
4) contact a local lawyer
5) police will not determine rights of parties . Will direct you to move courtin this regard
1. Please note that it's a purely civil dispute and police intervention is of no use.
2. The proceeding under section 144 crpc is of little use as well.
3. To get substantial results you should file a suit for declaration and injunction only to set aside the sale deed.
Police has no role in civil matters. So approach the civil court for getting a remedy. If your mother is the absolute owner of the property then your uncle’s son wife have no power to transfer the same to other person. Collect all the documents (New and old) related to the land and file a suit for declaring the documents created by uncle’s son wife is null and void. (set aside sale deeds made in favour of new buyers ).
This is a matter to be decided by civil court.
You can file a suit for declaring your title on the basis of registered sale deed in your favor.
You can even obtain an interim injunction restraining the defendants from putting up any structure in the property till the disposal of the main suit.
If the police are not effective to your complaint, you may file a petition before the judicial magistrate under section 156(3) cr.p.c. seeking direction to the police for initiating legal action on your complaint pending before them.
