• Old owner in the sold out chain of ownership claiming again land

HI,
My parents purchased plot in Amritsar,in year 2012 from a Person who was carring POA. Land was plotted from closed down factory land.
It has been 7 years since we purchased this plot.we did boundary wall of 2.5 feet all around. All the remaining plots(taken out of factory land) have been constructed into House during last 7 years.
Now suddenly last year (after six years since purchase), one of the partners of the factory ( partnership recognised by some Will documents ,which was enforced by judgement of court in 90's) came to our plot and he starting telling neighborhood that our plot is part of his share of land of factory.
As per his argument,he did not got money for this sold out land .He argues that other partner( which was a lady who gave POA to the person from whom we purchased plot) has wrongly sold this plot to us .
He is not carring any document which shows demarcation of land holding share of the partners among themselves .And Hence his claim that our plot comes from his share is not varifiable
In all mutation documents ,my parents name is recorded.
Although Physical possession is with us ,Opposite claiment is giving mental agony to my parents. He came two times to our house for discussion with muscle-Men.
Please advice us the way ahead . We want to sell this plot but no one coming forward as a customer due to bad name coming from this dispute.How to stop this person from claiming our plot.
Asked 5 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

See get your title legally vetted from lawyer that the title is clear or not the said person without any documentary proof cannot.claim the land and has no right over it.

File a police complaint for intimidation and harrasment against the said person.

At this point you have title and all documents in your favour so no need to file a suit at this moment if he had any legal right he would have filed suit.he is just building pressure so in that case in case he intimidate you now file a police complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File declaratory suit that you are absolute owner of the plot 

2) seek an injunction restraining the said partner from

disturbing your possession of the land 

 

3) record his threats . File police complaint of criminal intimidation under section 506 of IPC against him 

Ajay Sethi
Advocate, Mumbai
94919 Answers
7572 Consultations

5.0 on 5.0

Hi,

You are suggested to file police complaints against the person stating threats created by him.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. First lodge a complaint with police against him for causing criminal intimidation and trespass into your property.

2. It is an out and out civil dispute and hence the person if he so wishes can go to civil court and file a suit for declaration.

3. If you title is clean , as it appears, then there is nothing to get worried.

4. Do keep the physical possession of the property in all circumstances. 

Devajyoti Barman
Advocate, Kolkata
22868 Answers
492 Consultations

5.0 on 5.0

You have to just wait till he files any proceedings against you and then you have to contest the same. If you can see before that you will be lucky

Prashant Nayak
Advocate, Mumbai
32065 Answers
183 Consultations

4.1 on 5.0

Dear Sir,

 

- You can submit your complaint with local police station having jurisdiction of your area pertain to criminal intimidation and House trespassing. 

- Incase your name is updated on Mutation, your title is clear with all previous liability and you are no where responsible for his share.

- At this point of time, there is no requirement to file any case in Civil court as other party is concerned on his titleship not yours.

- Do have enough evidence in hand while complaining to police.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

File a police complaint against them and immediately File a suit for injunction against  prohibit them from disturbing your peaceful possession. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

You have absolute ownership, he can approach to previous if any dispute or not received his share. He has no claim against you. If next time he bullies, call the police.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

You may have to first issue a legal notice to the intruder instructing him to refrain from indulging in such illegal activities or else you may have to initiate proper legal steps both through criminal and civil laws for his unjustified claim and illegal acts against you.

After this also if he is not remaining silent, you may file a mandatory or permanent injunction suit against him restraining him from interfering in yor possession and enjoyment of the property in any manner other than by due process of law.

You can file an IA also seeking ad-interim injunction on the same lines till the disposal of the suit as a temporary relief.

If he is indulging in any excesses agaisnt you, then yo may even approach police seeking protection and also for the charges of criminal trespass.

 

T Kalaiselvan
Advocate, Vellore
85119 Answers
2215 Consultations

5.0 on 5.0

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