If it is a Clear case of cheating, then you first need to file a complaint with the police.
If it is not cheating, approach the court for injunction. Once injunction is allowed, then you will have time to pursue the matter.
Do this without delay.
I have purchased MMDA approved plot in 2008. Later came to know one of survey number is missing in parent document (year 1986) and in my document in which most of the land is located. The owner of mentioned survey number has signed in documets in other plots and in layout plan. I have got CMDA approval for building house and built the same and paying house tax. But the patta could not be transfered because of the survey number problem. Now the DRO has issued a public notice in paper for land acqulisition against the names in patta. Now how can i establish my ownership and object for land acquisition.Pl
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If it is a Clear case of cheating, then you first need to file a complaint with the police.
If it is not cheating, approach the court for injunction. Once injunction is allowed, then you will have time to pursue the matter.
Do this without delay.
1) deed of rectification has to be executed to rectify mistake in parent document
2) rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.
3)you may file a suit before a court under Section 26 of Specific Relief Act 1963. The law provides for relief to parties in case the real intention of the party is not properly reflected in the documents executed because of a bona fide mistake of fact.
. The court can direct the rectification of an instrument, if it is satisfied that the deed does not express the real intention of the parties. This relief is entirely discretionary.
4) since your name is not entered in revenue records your objections would not be entertained
The total layout consist of 5 or more survey numbers and which is mentioned in plan which is also part of the registered documents. all the owners have not signed in every documents. The owner of particular survey number have signed in documents of other plots but missed out in my parent document. I am in full possession of the property and my seller from 1986. How to file the injunction
1. Since there is an error the parties may execute a deed of rectification which should be registered to cure the defect in the title. The seller and buyer have to jointly execute the deed.
2. If the seller does not agree to execute the deed of rectification then a suit for specific performance may be filed in the civil court to seek court's directions to the seller to execute the deed of rectification.
If all owners of respective plots have not signed, then you are in adverse possession. You may be the absolute owner of the survey number in which the absolute owner has signed. A further perusal of documents may help to offer you a legal solution.
Make a representation to the concerned DRO and categorically put forth your objections.In the event The DRO does not act upon your representations you can approach the court.
While sending your representations to the DRO ,Attach copies of the house tax receipts and other documents in your possession which establish your ownership over the property.
do you have a copy of the sale Deed ? You can always rely upon the sale deed to establish your ownership over the property.
hi, it is advisable to approach high court and file a writ and obtain a stay order against the notification
The ownership of the property is based on the registered sale deed on your name and not on the basis of the patta.
Where is the survey number wrongly mentioned, in the patta or in the sale deed.
A rectification deed can be executed by the seller in your favor rectifying the correct survey number.
Patta is not a title document and patta is not required for house building.
The owner of particular survey number have signed in documents of other plots but missed out in my parent document.
I am in full possession of the property and my seller from 1986.
How to file the injunction
What is the survey number that is missing?
Do you mean to say the wrong survey number is mentioned in yor registered sale deed
Since you have registered sale deed in your possession you may ask the vendor to execute a rectification deed to mention the correct survey number.
If he is not cooperating then you may approach court seeking direction against your vendor failing which you can get a rectification deed duly registered at court's instruction to the revenue department official.