• Defendant claiming my (plaintiff) land by submitting documents of different land

Hello, 
I(plaintiff) have a proper registered document for my land. Defendant claims the same property as his but has submitted documents of a different survey number all together. how should i proceed in this case?
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu

Kindly send me a copy of both your deed and the defendants deed.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

Hello,

Where has he submitted the documents and who has the possession on the property?

If you are in the possession then do not leave the possession

If he is in the possession then file a suit for cancellation of the registered document and then claim the possession

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

If you have title deed of the proeprty owned by you then there is nothing to worry.however do keep physical possession over the proeprty. DO remember possession alone is 9/10th of title.

Let the person claiming title over your property approach the court to claim right over the property.

If the survey number is different in his title deed then there is not much matter for concern.

Devajyoti Barman
Advocate, Kolkata
18130 Answers
260 Consultations

5.0 on 5.0

If you have filed a case against defendant it's your liability to prove your case. Your question is not clear why did you file a case at first instance. If he was interfering in your peaceful possession and after you have put the case if he is claiming it to be his property he has to prove it. You can get commissioner appointed by court In case if the survey number are different under order 26 of CPC. That will help your case if he's wrong suit will be decrees in your favour. First let us know why you have filed suit against defendant if you are in possession don't leave possession.

Swarnarka Chowdhury
Advocate, Mysore
1782 Answers
4 Consultations

5.0 on 5.0

Your claim is right on your survey no right? Check it with the registration office which one is correct one then all the matter will solved easily

Prabhakaran Vasudevan
Advocate, Chennai
17 Answers
1 Consultation

4.0 on 5.0

You are absolute owner of property as you have purchased land by registered sale deed

2) you are in possession of land

3) let defendant take legal proceedings to recover possession of land

4) in your defence take the plea that survey numbers are different

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

You have filed a case of what on defendant??

If you have valid document of.title and you are trying to get the possesion of.the property from.the defendant than this can be your argument before court that the defendant has wrongly produced wrong documents to mislead court.

Also if you have possession of the property then donot leave it let defendant go to court.

Pls feel free to contact for ellobrated discusion.

Shubham Jhajharia
Advocate, Ahmedabad
20925 Answers
81 Consultations

5.0 on 5.0

Dear Sir,

Such issues are frequently dealt with the Courts easily. It is called wrong-identification of property or mis-representing the facts in the Court. Boundaries always prevails over survey numbers. Application for appointment of Court Commissioner may be filed and on the basis of Report of Court Commissioner the issue will be closed once for all. Nothing to bother. You will win the case shortly.

Kishan Dutt Kalaskar
Advocate, Bangalore
4694 Answers
134 Consultations

5.0 on 5.0

If the defendant has submitted/produced title documents of a different survey nos., this in itself implies that he's does not holds title upon the property which is owned by you.

Take the above stand in your plaint.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

1. Has he filed any case?

2. If yes, then you shall have to file your written statement stating that the property details as mentioned in the document submitted by him is not the same which you are in possession of.

3. Thereafter your Advocate shall have to argue the matter and the matter will be disposed of.

4. You can also engage a local Govt approved Surveyor and get a certificate confirming that you are in possession of the land which has been mentioned in your title deed.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

You can prove in the court by tendering the original documents related to your survey no and show the court that the documents produced by defendant is not of the said property survey no.

Prashant Nayak
Advocate, Mumbai
14541 Answers
25 Consultations

4.6 on 5.0

Hi

Assuming the contents of your post to be complete and they stand the test of law.

You file rejoinder to his written statement (reply to your case filed by Defendant).

Make sure that an issue is framed by the court pertaining to the point raised by you.

Contest the matter.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
956 Answers
6 Consultations

5.0 on 5.0

Well then the defendant cannot get a favourable decree from the court. If he wants the court to declare him as the title holder of your property then he has to prove the title by producing the title deed of the land. Contest his case fittingly.

Ashish Davessar
Advocate, Jaipur
26720 Answers
797 Consultations

5.0 on 5.0

What is the suit you have filed and what is the status of the suit?

If you have filed the suit for declaration of your title you should rely upon your own registered title documents and the link title documents.

During trial you establish your ownership, let him challenge the same which can be defied on the basis of documentary proofs and merits in your side.

T Kalaiselvan
Advocate, Vellore
58911 Answers
747 Consultations

5.0 on 5.0

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