• Party trying to take illegal possession of residential plot

Hello Sir, My name is Jitendra and I am from dwarka, New Delhi.
I had purchased a residential land of 50sq.yards in Sep-2015 from a property dealer who was the owner of that plot too. I paid full amount of the plot and he gave me all the previous and latest original papers of the Plot at the same time. One year later I came to know that same plot was mortgage with some other property dealer of the same local area since Aug-2014 which was prior to my purchase. Now there is a fight between me and the party who kept the plot as mortgage for possession. Actual Cost of the plot is Rs.15 Lacs whereas the plot was mortgage against Rs.5 lacs. The Dealer who sold the plot to me said that he has already clear his dues towards the mortgage and no dues is pending, however he has no proof for the payment made by him to the lender. When we approached to the dealer who sold the plot to us , he said the plot is ok and you can take the possession because you have all the original papers with you. I have done the fair deal there is nothing like I sold it to two peoples. I am with you for support and I accept that I had sold this plot to you only. He has already lodged a complaint with local Police Station stating that he sold plot to us and some other party wants to take illegal possession of the plot. However the Police didn’t do anything till today.
Points to remember – 
1)	The Seller dealer was the owner of the subjected plot of 50 sq,yrd
2)	He gave us the original documents in full chain since first sale/purchase
3)	He has given written application in police station confirming that he sold that plot to me only. The second party is fraud and illegal.
4)	There is a fight between me and the second party for possession
5)	The second party has broken my boundary wall illegally and threatening us for being abusing and killing like all that.
6)	Police also known to the second party and hence they were not taking any action on our case. The case is still pending since last 3-4 months.
7)	I have afraid that what happened if the second party took illegal possession some day by building their boundary wall or room etc. That party is very power full and rich too.
Questions:-
1)	What should I do in this scenario?
2)	To whom I approach to save my land?
3)	If I opted to file a criminal case, who will be the first party , either the dealer from whom we bought or the second party who illegally wants to take possession of the plot,based on mortgage amount which was very less than the value of the plot ?
4)	What type of case should be filed either criminal or civil ?
5)	Out of both parties, who has more chances to win the case if filed, me or the second party ?
6)	During these days, what happen if they build boundary wall on my Plot , What should I do in that case ?

Sir, I want either my money back or the Plot, so please suggest the right way to get it as soon as possible.
Thanks a lot.
Jitendra Mathur
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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11 Answers

1) if police have not lodged any FIR file complaint before magistrate against the second party under section 156(3) of cr pc to direct police to invesstigate and submit report

2) also file declaratory suit that you are owner of property and seek injunction restraining second party frpom disturbing your possession

3) install CCTV cameras in the plot and post security guards

4) you have strong case on merits as you have purchased property by regd sale deed

5) in alternative ask seller to refund your money

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Mathur Sahab

My opinion on your queries are as under:

1) What should I do in this scenario?

Opinion:- Immediately file a civil suit for injunction against that lender and get stay order from the court and if after the stay order that person illegally possessed the same then you may file a contempt of court petition against him before the same court and he shall be prosecuted for his offence and contempt of court.

2) To whom I approach to save my land?

Opinion: As above.

You may also file a police complaint against that person too.

3) If I opted to file a criminal case, who will be the first party , either the dealer from whom we bought or the second party who illegally wants to take possession of the plot,based on mortgage amount which was very less than the value of the plot ?

Opinion: When the person who sell the property to you is in your favor then that person should be a witness in your complaint and other dealer should be accused in criminal complaint.

4) What type of case should be filed either criminal or civil ?

Opinion: Both.

5) Out of both parties, who has more chances to win the case if filed, me or the second party ?

Opinion: As you have all the documents, then you have chance to win the case without any risk.

6) During these days, what happen if they build boundary wall on my Plot , What should I do in that case ?

Opinion: After stay from the civil court he can not do anything over the plot. if he do so then he can be prosecuted for the offence of contempt of the court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Since this is a civil dispute the police would do nothing in it.

2. Ensure your physical possession over the proeprty and then file a civil suit for declaration of title and injunction.

3. Let the 2nd party come forward and contest your suit which would disclose his right of claim,if any, over the plot.

4. if he has no deed in his support then your win is a foregone conclusion.

5.Seek injunction from court and then build a a wall.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1.File a civil suit and make both the dealer and the 2nd person parties to the suit.

2.On the first day of filing of the suit the court can grant ad interim order of injunction.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) criminal case is only for punishment of the second party for destroying your boundary wall and for threatening you

2) civil case has to be filed for obtaining injunction restraining second party from disturbing your possession of land . seller would also be party to the suit

3) court can grant you injunction within 15 days or so

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

) criminal case is only for punishment of the second party for destroying your boundary wall and for threatening you

2) civil case has to be filed for obtaining injunction restraining second party from disturbing your possession of land . seller would also be party to the suit

3) court can grant you injunction within 15 days or so

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1) If I am going to file a criminal case , can I take stay order for my land ? or it will be only in case of civil case ?

Opinion: Only civil case/civil court has power to pass an order for injunction/stay.

2) The dealer who sold the plot to me and hiding the fact, why should not be the first party ? I should file a case against him because when the plot was mortgage, why he sold to me ?

Opinion; It is depend on you, you have right to file the case against him too but when you file the complaint against him too then you have to admitted that the property which was purchased by you was already mortgage which may be consider against you too.

3) How can i take Stay order and in how many days court granted the same ?

Opinion: once you filed the civil case then next day the matter will be listed on hearing or the same day the court may passed an injunction/stay order.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. You should file a police complaint afresh for the other person's breaking your wall and trying to dispossess you from your own landed property.

2. If the police fails or refuses to register a FIR based on your complaint, file a Writ Petition before the High court against police inaction making the other person and also the dealer as the private respondents, praying for direction upon the police for conducing investigation and act based on your said complaint.

3. The above suggested police complaint amounts to criminal case only to be finally initiated by the state if your complaint is registered as FIR.

4. The case has ingredients for filing both civil and criminal cases.

5. Equitable mortgage is created by depositing the original Title Deed of the property with the mortgagee. In your case, you have all the original link deeds. So, his mortgage without deposition of the original title deed seems to be invalid.

6. Breaking of your boundary wall comes under criminal case. Reconstruct your boundary wall and pursue your police complaint resulting in tocriminal case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1.You can lodge the police complaint and file declaratory suit for declaration that you are the real title holder of the property. After filing the said suit, you can file an application for an order restraining the other side in disturbing you and/or entering in to your land.

2. First save your plot. It appears that the dealer is in active connivance with the other party. If it is proved that the dealer had created a mortgage with the other person, then you shall have to lodge criminal complaint against the dealer for cheating you.

3. It is not difficult to get a stay order by following the steps mentioned above.. It might take 7 days to get the application hard and to get the stay order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Questions:-

1) What should I do in this scenario?

If the threat persists, you may first lodge a police complaint and obtain an acknowledgment even if they dont take any action.

2) To whom I approach to save my land?

First approach police and then court with a private complaint

3) If I opted to file a criminal case, who will be the first party , either the dealer from whom we bought or the second party who illegally wants to take possession of the plot,based on mortgage amount which was very less than the value of the plot ?

The vendor has already handed over the property original title deeds to yo including the relevant or chain of documents related to the title of the property, hence if the third party troubles, then you may have to lodge a complaint against him only.

4) What type of case should be filed either criminal or civil ?

First criminal complaint and then a declaratory suit in civil court.

5) Out of both parties, who has more chances to win the case if filed, me or the second party ?

Since you have the original property title, you have chances for upholding your title.

6) During these days, what happen if they build boundary wall on my Plot , What should I do in that case ?

You should obtain an injunction order from court restraining him from doing any such thing.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) If I am going to file a criminal case , can I take stay order for my land ? or it will be only in case of civil case ?

Criminal case is different to that of the civil case. You cannot obtain stay order in the criminal court

2) The dealer who sold the plot to me and hiding the fact, why should not be the first party ? I should file a case against him because when the plot was mortgage, why he sold to me ?

You can give a complaint agaisnt him also but remember that he has already given a statement before police that he has cleared the loan and your purchase is genuine hence think twice before going against him at this stage.

3) How can i take Stay order and in how many days court granted the same ?

You can take he help of a local advocate who will assist you for this

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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