It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
Sold our land illegally
We purchased 7 guntas (847 Sq. yds) land in year 2010 but it was not marked with clear boundaries as it was an agriculture land at that time. It's part of single survey number total extent of 1 acre 3 guntas. Real estate developer formed a layout using adjacent land and formed a layout. We didn't know our exact land location. They also included our land in the layout and sold our land but they sold part of our land using different survey number. It all happened in year 2015. Recently we came to know about that and filed a FIR in police station. They registered a case u/s 323, 34, 420, 427, 447, 506 in June 2018. Due to case, they came for a settlement and paid half amount but not paid other half from last 4 months. The case is still pending and no charge-sheet is filed. what options do I have to proceed further? Can I file a case in court to ''not to alter'' the land for whole survey number till the case is resolved? what can police do now? But many well-wishers including higher educated asked me not to approach courts as it may take forever and in-turn it will help culprits to hold on to my pending money. Please advice me. Thanks for your help. Ramesh
Asked 7 years ago in Criminal Law
Religion: Hindu
9 Answers
See as you have already filed the criminal case and it is pending for chargesheet once chargesheet is filed the trial for same will start they will run for settlement. Or you can ask them to pay complete amount in return you can help them to quash the FIR if only they pay complete amount.
Further a civil suit can be filed forfcamcellation ofoillegal sale and stay on sale and alienation of such land and flats can be taken. See in civil court it take time but once you get the stay on complete survey this will force them to settle.
Fine suit seek orders to set aside sale deed of your land
2) seek an injunction restraining creation of third party rights on the land
3) wait for filing of charge sheet by police in criminal case filed by you
- As per the information mentioned in the present query, makes it clear that you have been wrongly advices to not to go before the court of law as it may take years and money won’t come to you.
- Let me tell you threat when eventually you would be getting the case in your favour you will be paid interest also on the amount front he date of filing the case till the final dispossal of the case.
- You write one notice to them about the remaining payment, if they do not come so then at the end you may have to go before the court of law.
- And they should also be worried about their acts as otherwise they may be put for further criminal proceedings by criminal court of law.
If there is an agreement to withdraw the case and the grounds of some payments which is agreed and taken on record and if the conditions of the agreement is not complete within the time frame as per the agreement then you can go to the court again and pray to the court not to alter the case position as the agreement is not executed.
1. In this scenario a suit for permanent injunction against the revenue authorities to restrain them from making any changes in the survey number is the appropriate remedy.
2. In so far as the non-filing of the chargesheet is concerned you may file a petition under Section 482 CrP.C in the High Court for a fair and speedy investigation in which the HC can make the filing of chargesheet time bound.
1. In the criminal case you will get money unless they become ready to settle the dispute finally.
2. To get back your full money you need to file a civil suit for recovery of money wherein the court will grant decree for money.
3. Once you file the civil the other party is likely to make settlement.
4. If the seller was a developer then you can file a case before the consumer forum also wherein you will refund with interest and enough damages in which event you can not file the civil suit.
You can file a permanent injunction suit against them to restrain them from progressing with the constructions till the disposal of suit filed seeking relief of possession of your land which has been encroached by them.
If the full amount has not been settled then you dont withdraw the complaint, let the police register FIR and arrest them.
If they do not pay the amount then you have no option than to obtain stay order against them which will put pressure on them and they may rush to pay you the balance amount.
The same being a criminal case you can't pray for not altering survey no. For that you need to file a separate civil suit. The trial will proceed in the said matter. If they pay you the entire amount you can withdraw the case. You can take a injunction order against that land so that any further third party rights are not created. You can also file suit for cancellation of Registered sale deed.
