1) apply to survey office for carrying out survey of land purchased by you and for demarcation of its boundaries
2) if any one tries to encroach on your land file police complaint of criminal trespass against the encroacher
My father purchased a land two years back. Subsequently the property got mutated in his name in the settlement records. Holding no. has been also issued.. Now, some people are claiming that the land which we purchased is not located where we posses. They are trying to grab the land.
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1) apply to survey office for carrying out survey of land purchased by you and for demarcation of its boundaries
2) if any one tries to encroach on your land file police complaint of criminal trespass against the encroacher
Move a complaint with the local police in the present matter.
If these people try to interfere or inter meddle with your possession over this plot, approach the civil court and seek a restraint order against them
You can file a suit for permanent injunction under section 38 of the specific relief act in the concerned civil court.
Along with the said suit you file an application for temporary injunction under Order 39 Rule 1 & 2 of the Civil Procedure Code(CPC)
Also you can file a police complaint to police under the following sections :
1. Sec. 425 , 441 of IPC..
Sir file a police complaint if they are forefully trying.to grab your land further take permanent restrainment against them on property from the civil court.
take help of amin from settlement office for identification of your land as per deed. if it finds that present one is actual one, then file a civil suit against those who are disturbing your possession.
What to do if the settlement office demarcates that my land is not at the location where I am right now possessing? Whether the seller is responsible to do necessary correction in the deed? We are having mutation certificate, holding no. in our favour.. Does it prove our possession?
What to do if the settlement office demarcates that my land is not at the location where I am right now possessing? Whether the seller is responsible to do necessary correction in the deed? We are having mutation certificate, holding no. in our favour.. Does it prove our possession?
In such a case seller has to execute deed of rectification to mention correct survey number of your plot
2) you are in possession of land
If the land you are in possession is wrongly possessed by you the owner can take steps for possession.and you can proceed against seller for retification and correct possession of the property.
Yes if the mutation of land is in your favour it proves your possession over the property over said survey number.
File police complaint
If someone claiming that land is not located where you posses and they try to grab then apply for survey in survey office to identify location of plot
In that case seller is responsible for giving you wrong possession
Go through sale deed and rectify if there is any wrong survey number of land
Hello,
mutation certificate, holding no. Does not establish the title. If it is established that you are unauthorised occupation then they can file a case against them.
Regards
As per Indian law it is the duty of the buyer to check the title of the land and confirm that the title of the land is clear. This is known as principle of caveat emptor.
Regards
If your land is demarcated.
Then you may file a case against the seller.
Get in touch with some local lawyer.
Regards
1. Apply to the local collectors /Tahsildar office, for proper land survey (under due notice to all the parties) and compare the same with the records of the revenue dept.
2. Based on above file FIR with the local Police, for encroachment, trespass and intimidation. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
Keep Smiling .... Hemant Agarwal
If the survey office determines that my land is located at different place, what should I do? I can't take the refund from the seller as it will be a loss. What are the other options available? What action can be initiated against the seller?
1. FIRSTLY you committed an error by buying land without proper prior-survey report and demarcations. Now you cannot do anything about it.
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
You have to sue the seller for refund of your money with interest ashe has failed to deliver possession of correct survey number of land to you
If your father purchased the property by a registered sale deed, he need not worry, let that somebody file a case against him and prove their title, which can be challenged properly as per law.
Or e3lse your father can even file a declaratory suit to declare his title by a court order.
What to do if the settlement office demarcates that my land is not at the location where I am right now possessing? Whether the seller is responsible to do necessary correction in the deed? We are having mutation certificate, holding no. in our favour.. Does it prove our possession?
If the property has been properly mutated in the local land revenue department then there is no necessity for the settlement department to demarcate the same as per their will an wish.
Your father can challenge the same in the court of law if the same is adverse to your holding
If the survey office determines that my land is located at different place, what should I do? I can't take the refund from the seller as it will be a loss. What are the other options available? What action can be initiated against the seller?
You can lodge a criminal complaint agaisnt the seller for cheating offences in the local police station;
Besides you can even file a money recovery suit by cancelling the registered sale deed due to the said reasons, or else you can ask the seller to identify the proeprty and its location.
You should take possession of your land at that place but check survey numbers at mentioned in the sale deed
If seller has cheated you in case then a case of cheating and breach of trust fraud can be filed along with a suit to recover the amount with interest.
I am in doubt that my seller may have cheated with a wrong plot, though I am going for demarcation.. I fear once my land is demarcated I may see my plot is located at different place and someone else is possessing it.. What should be my next step once demarcation is done?
Sir if after demarcation you are told that your plot is different then in that case for possession of same civil suit has to be filed if it is possessed by some other person.
After demarcation done, You can file a ownership suit in court to officially declare that you are the owner. That's all. Nothing more is needed
Once demarcation is done and you find you are in possession of wrong plot issue legal notice to seller to deliver you possession of correct plot or refund your money with interest
If he refuses file police complaint against him for cheating under section 420 of IPC