Hello, I have a strange query. We have a land which was bought by my mother in 1996 in a housing society area ( This was a first sale directly from the developer who developed this entire venture of 10 acres out of which our area is 300 Sq yards) which is registered with all authorities. We built our house in 1997 and are living in it for past 20 years with all electricity bills and property bills intact. We have a strange issue here wherein a person has filed a petition stating our house number ( Which is part of the society) claiming that its a government land of 80 Sq yards and he has been residing on it for part 30 years and wants the goverment land to be registered in his name. IN all probability he mentioned the house number wrongly in the petition but this has been going on for some time and its kind of a nusiance for us with People from revenue office coming and taking down details upon each hearing. Please advise how could I get this sorted out. I have never recieved any notice from the court. Is there any possibility that government land number and my house number accidentaly have same house number. Its unlikely as our society has a numbering sequence and we are right in the middle. Please advise how to get rid of this stuff. Thank you
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1)engage a lawyer and file detailed reply
2) mention that land purchased in 1996 from developer and house constructed on said land
3) enclose copy of sale deed
4) mention that you are paying property taxes , electricity bill for last 20 years
5) deny that plaintiff is in possession of land for last 30 years
6)burden of proof is upon Plaintiffs to prove that your land is in possession of plaintiff
THank you for the answer, As I have not got any thing from the court and its between the plantiff and revenue officers. The revenue officers have already collected the said documents from me and most probably file in the court. Please advise 1) What are the risks involved in it for us 2) Can the numbering be duplicated by any chance. Lets say my number and government number may be the same. If yes, what should be done 3) is there any possibility that this could be dragged on for long 4) as we have not even recieved any notice from the court, can we implead. Thanks a lot
It appears you ha e clear and marketable title to property
2) request for fresh survey of your land
3) case may take years to be disposed of
4) you can file intervenor application fir being added as party to suit proceedings
Since your mother purchased the property in the year 1996 and you are residing in the said premises for more than 20 years no one can claim any right, title or ownership of your land admeasuring 300 square yards or any part of it. While purchasing said property in the year 1996 you must have verified the link documents, phahanies, layout, EC etc., and as also you must have obtained house construction permission from concerned mancipal or gram panchayat authorities and same documents will support to your version. 1954 KHASRA PHAHANI, Setwar and Vasoolbaki documents will reveal nature of land. Your neighbour can't claim any land of your premises mentioning your house number alleging that it's a government land. Without admitting his claim, assuming if it is a government land then it has to be claimed by the government and not the neighbour. You have to get implead in case filed by your neighbour and brought all the facts before the Honble Court by producing certified copies of your title deeds and other documents and you have to disprove his case. Your neighbour cannot claim register the government land in his favour by saying that he is a possessor of land admeasuring 80 square for for more than 30 years. There cannot be same house numbers for a private land and a government land and moreover your land is situated in middle of the layout as such there are less chances of that land being government land. No risk involved in this, you have to prove that the land is in your position since 1996. Generally the court cases will take some time, you have to face the case, contest and have to disprove the claim of your neighbour. Even though you have not received any notices from the Hon'ble Court, your mother being owner and interested party can get impleaded in the case filed by your neighbour before the court.
1. Even though you have not been made a defendant in the suit filed by him you should nonetheless file an application for impleading yourself as a defendant as you are going to be affected by the outcome of the suit. Along with your application you should file the copies of all the documents that would show that your title is free and marketable.
2. You can seek a fresh survey to be conducted on the land.
3. You may also file a suit for permanent injunction against the plaintiff and revenue authorities.
First of all it is to be ascertained that what case has he filed
Second thing that how is he related to this issue
Third thing whether the case is maintainable.
You may await the court summons to decide about further course of legal action on it.
Without knowing what case has been filed any opinion expressed may be misguiding.
There are possibilities for typos, hence a confusion and complication.
A civil case can drag on for years.
If you feel it necessary you may file a petition to implead yourself in the case as necessary party.