My father purchased a plot of land in Assam and accordingly mutation was done against his name in the revenue record. The land record was also converted into my father's name in the municipality record by paying the taxes.. The multiplicity has also issued holding no. against my father.. Now, a group of people is telling that we are possessing a wrong plot and the daag and Patta are mismatched.. What should be done in this case?
13 answers received from multiple lawyers
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It is to be seen how far is their claim right and what is the absis of their claim.
mere claim of wrong numbering of plot is not enough.
So f you are in possession of the plot and there is no claim on your land for long time then you need not do anything except to retain possession and let the person claiming wrong number go to court and seek their rights, if any.
Once such suit is filed you can contest it on merit.
1) if daag and patta are mismatched request govt survey office to carry out survey of your land
2) deed of rectification can be executed by seller to correct the mistake tin survey numbers
1. These people may be criminals with nefarious design. So file a suit for permanent injunction to restrain them from illegally dispossessing you from your land.
2. They are free to go to court and file a civil suit for declaration of their title to the property, which you can contest.
1. You may apply for correction of mismatching of numbers.
2. You may approach Civil Court for corrections.
3. The boundaries mentioned in respect of your plot will prevail over numbers mentioned in the records/deeds.
If the group is interfering with your peaceful possession, File FIR.
The people who claim that this error should prove that how this is an error.
The land records or revenue records may be erroneously entered hence you may even clarify from the land revenue department about this dispute and clarify the details.
If necessary you may even give an affidavit to this effect and get the correct and proper particulars recorded or rectify the previous records with correct details.
If there is an error ion the registered sale deed, then a rectification deed may be executed by the vendor in our father's favor rectifying the error after which the revenue records also can be rectified.
Hello,
You have to do nothing if you are in possession of the place. Let them file a civil suit for eviction and see what grounds and evidence they have.
You have all the documents in your name and therefore you do not have to worry.
Regards
They are telling that the land which we purchased is half km away from the place where we have been holding.. We don't stay there by land record is mutated in my father's name.. Recently, some of them dismantled the bamboo fancing of my land.. Is there any possibility that we were handed over wrong plot? In such situation, what is advisable? Should we go to the court.. Some of them are also pressuring to sell it at lower cost.. We are confused.
Oral information about the location of the property by the people having vested interests cannot become law or a rule.
You ascertain the details through land revenue department and after that you may plan to file any suit which may be appropriate to your situation.
1) request survey office to carry out survey of your land
2) you would find out whether your survey no’s are correct or not
3) don’t sell land at low price
4) consult a local lawyer
File complain for criminal trespass and mischief otherwise be in this confusion that land belongs to them,
Situation 1. I possess the right plot.. I file an FIR against the miscreants, what action can be expected? Situation 2. I have been cheated by the seller by handling wrong plot, what action can I take against the seller? I have been already trying to find out the proper record and planning to sue them.. But, if it is found that I am possesing wrong plot, what next should I do?
1. The miscreants, if they disturb and create nuisance, you may lodge a criminal complaint against them for nuisance and also criminal trespass.
2. Are you sure that the seller handed over wrong plot, then which is the right or correct plot?
The seller may be asked to identify your property which was sold by him.
Failing which you may file a suit seeking to direct him to hand over the correct property
1) police generally do not carry out investigations properly unless you follow it up vigorously
2)file suit seek injunction restraining miscreants from disturbing your possession of land
3)if you have been cheated and handed wrong plot file case of cheating against seller under section 420 of IPC
4) seek refund of your money with interest
5) seller is liable under indemnity clause in the sale deed
6) file suit to recover your money
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