• Claim on sold land

On 2011 my father bought a land and donated to me, while checking the land document it is found that land was not registered at the office of sub-registerd though all the name of party involved in the land transaction (buying and selling) and including my name is at the office of the Revenue Circle office.

 Now problems is that grandson of first and original owner of land is claiming over the said sold land though my name is in the record and i am having a land holding document. He is claiming that 2nd party ( from who we have purchase the land) who bought the land on 2003 from his grandfather has fraudulently acquired the land without the sale deeds and giving by bribe to the revenue officer recorded his name in the record at the office of Revenue Circle office.

 Moreover, grandson is trying to take possession my land and has trespass into the my property by erecting few pillars for the purpose of constructing house there.
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1) file police complaint of criminal trespass under section 441 of IPC

2)441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

3)also file declaratory suit that you are owner of land

4) seek injunction restraining trespasser from disturbing your possession of the land

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

At the moment who is having possession over the disputed property? In case you have possession over the property(even if constructive), file an injunction suit and obtain an order of status quo.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

File a police complaint regarding it...

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You should understand the legal position.

The purchase of an immovable property shall always be vide a registered sale deed only.

The revenue records cannot confer marketable title to the buyer.

You may however issue a legal notice to the claimant instructing him to refrain from interfering with your possession and enjoyment of the property.

You can also file a permanent injunction suit restraining him from interfering with your possession and enjoyment of the property on the basis of documentary evidences in your possession.

If he is still indulging in any type of illegal acts you may approach police with a criminal complaint against him.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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