• Dispute on the registered land

My sister and my mother purchased a plot each in greater noida area back in 2016. We got the registry done for both plots of the land and we have the registry papers as well. The land was purchased through a man who has a small real estate company called V R prominence reality pvt. Ltd. He is the director of this company as per records. The land is classified as residential plot.

The land purchased belonged to a farmer who would be getting commission from the company for development. I don't know the deal between farmer and the company. What I know is that land was sold to us at a price and registry had the farmers name and my sister and mother. 

I tried for mutation of the land but could not do it as the mutation was blocked for that area due to some disturbance.

Anyhow, my deal with company was that they will develop the land that is build roads, sewer system, etc. And do the land plotting and give it to us for possession. However, 2 years went past and nothing happened. Instead whatever development had started in beginning that also stopped. On my recent visit I saw that the land is covered in bushes. 

I talked to the farmer from whom I purchased land, and he told that he has put a case on company that they are not paying the remaining amount to him and not doing development of land so he put a case and won the case in civil court. The land is his now and my registry papers hold no value. Company is saying that farmer is lying and is avoiding my calls or approach to give any information. 

Can you please advise if really is possible to overrule somebody's registry papers? What should be my course of action in this scenario? Please help.
Asked 9 months ago in Property Law from United Arab Emirates
Religion: Hindu

See if your registery was to be overruled you need to be made party in the suit. Ask for court order from the farmer, on which he is saying that property is ruled in his favour. 

After pursuing order I would he in better position to reply your answer.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

Registered sale deed cannot be cancelled, without serving notice to you.

You should summer legal notice to the developer asking him to give you to the present details pertaining to the construction and to clarify the matter in writing within 7 days of receipt of the legal notice.

If he fails to do so, you can file a complaint against him for criminal breach of trust, cheating and fraud under section 406,415 and 420 of Indian Penal Code.

Also, the agreement executed between you and the developer needs to be produced in order to give you a more concrete opinion in this matter.

Siddharth Jain
Advocate, New Delhi
5322 Answers
59 Consultations

5.0 on 5.0

  • Since you have the Registered Deed and also paid in full to the company you can move to RERA and complaint against the same the jurisdiction will be of Greater Noida itself,
  • You can also file a case in Consumer Forum
  • You can also be the party in the case which farmer has filed for the payment and claim your money back. 
  • For mutations you need to show to any advocate why are the Tehsildar objecting the same (it might be government land or any third person land) 

You have all the options open to you 

And for fast redressal you need to file in RERA where if they order for refund to the maximum they can ask 18% on the price from the builder to pay you.  

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

Yes. You can still put case on the basis of the evidences in your possession.

in order to confirm whether there has been other subsequent registration in your plots, the sub registrar office needs to be visited and land records should be checked, just to be sure.

Siddharth Jain
Advocate, New Delhi
5322 Answers
59 Consultations

5.0 on 5.0

 

For development activities you can file a consumer complaint against the developer if amount was paid through bank and there is Boucher.

Further if consideration of land was paid to farmer then he cannot cancel registery unilaterally.

See ask for court order then we can act accordingly.

 

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

It is possible that your land has been sold to someone else fraudulently.

For your information, mutation is not done at Registrar office. It is done by the municipal corporation.

Records needs to checked for further advice.

Siddharth Jain
Advocate, New Delhi
5322 Answers
59 Consultations

5.0 on 5.0

you should sue the land developer to refund your money as registration has not been done in your name nor land developed as promised by the company 

 

2) also file case of cheating against land developer and its directors 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

You can rely upon bank statement to prove funds transfer to developer account 

 

also correspondence exchanged with developer for development of your land 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

Ask farmer to furnish you certified copy of order passed by court in suit filed by farmer against developer 

 

contact a local lawyer and take legal proceedings for recover of your money with interest 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

As he has signed the sale deed, wherein it is clearly mentioned that he has received the consideration, then it would be deemed as received only as per law.

The farmer wouldn't have executed the sale deed if he hadn't received the consideration amount.

Siddharth Jain
Advocate, New Delhi
5322 Answers
59 Consultations

5.0 on 5.0

 

 

you have not been served with the summons although you were necessary party to the suit 

 

take legal proceedings against order setting aside sale deed 

Ajay Sethi
Advocate, Mumbai
71952 Answers
4324 Consultations

5.0 on 5.0

The registration can only be over ruled by fiing suit for cancellation of registration before civil court.  It can only be done if registration is done on fraudulent basis or without authority

Prashant Nayak
Advocate, Mumbai
16662 Answers
30 Consultations

4.6 on 5.0

First of all you ascertain that whether there is any case pending or filed by the said farmer and whether there is any stay against the property.

If so, please confirm if the property purchased by you is also involved in it.

Since you have purchased the property by a registered sale deed, the farmer cannot get your property also under the same litigation, hence what you do is apply for survey of your property and after survey you may put up fence around your property.

If there is any problem to survey your property, you may file a declaratory suit to declare the title of your property by dragging the company as well as the farmer in your suit as defendants  to the suit.

This may give you relief.

 

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

You cannot expect the land developer to develop the land as promised earlier, he might have been involved in the litigation due to which he may not be able to do any development work, henc do depend on him for the present, you may try to secure the property for now through legal means.

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

Since you have purchased the proeprty by a registered document, you may not worry about it, first of all you may ascertain that whether this property is under litigation, if so, you may implead yourself as a necessary party to the suit by filing an impleadment petition under Order 1 rule 10 CPC on the basis of the registered sale deed document in your favor.If there is no litigation pending involving your property, you may better try to put up a fence around your property after getting it surveyed, if someone protests it then you may file a declaratory suit to declare your title to the property.

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

Since the farmer has executed the registered sale deed in yor favor, you need not bother about whether he received the sale consideration amount or not. you can concentrate on your own registered title documents alone.

Let them claim anything  which can be challenged in the court on merits and documentary evidences in your side before the court of law.

T Kalaiselvan
Advocate, Vellore
61890 Answers
799 Consultations

5.0 on 5.0

Here you should have checked the what type of agreement has been signed between farmer and builder.  On what terms and conditions builder has got the rights and does builder has full POA in his favor or conditional POA has been signed by the builder. 

 

Do you have sale deed which was made between you and builder

 

Does builder has attached history papers of land means how land has transfer in his possession and legal rights

 

If you can provide all details paper so we can able to sue against builder and get refund your money along with interest as per RERA act and in consumer forum. 

Ganesh Kadam
Advocate, Pune
9020 Answers
74 Consultations

4.9 on 5.0

Dear Sir,

- Name of owner will only appear in mutation if the same is updated after registry. Untill you inform the respective agency to update. It will not happen.

- Secondly, you must file civil suite for declaration as you have already paid the sales consideration and make both Agent and farmer the parties of to suit.

- Simultaneously, file ciminal suit against agent on breach of trust as provision of same is given in CrPC.

- You must act on priority before it is barred by limitation.

 

Regards

Vivek Arya

Vivek Arya
Advocate, Gurgaon
648 Answers
4 Consultations

5.0 on 5.0

See if land is falsely sold you can file a case against the new owner for cancellation of sale and against seller for cheating and breach of trust. 

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

See since it is agreed then he has received the amount so the sale cannot be cancelled without notifying you as party to sale so farmer must be threatening you.

Shubham Jhajharia
Advocate, Ahmedabad
22816 Answers
92 Consultations

5.0 on 5.0

1. the land cannot revert to the farmer

2. the farmer is a party to the agreement between your mother/sister and builder

3. so the farmer is bound by contract

4. as regards the development work to be carried on the plot, even the brochure is sufficient to lodge a case against the builder

5. you can file a RERA complaint u/s 12 for misrepresentation

 

Yusuf Rampurawala
Advocate, Mumbai
4854 Answers
29 Consultations

5.0 on 5.0

Hii

Greetings of the day.

Sorry about the facts. 

1. Once the land is registered and saled deed is.made and sold to you on proper legal terms than your the absolute owner of the land.

2. The owner has all the right to acquire the land.

You have to remove time and visit and work on it. It is time consuming work. 

Or else consult sometrust worthy legal consultant and asked them to do need full. 

All the best 

 

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

1. The said Farmer had registered the sale deed in favour of your motrher and sister.

 

2. For cancelling the said registration, the Farmer should have fiiled a case against your mother and sister.

 

3. The Farmer has given you the false statement that the registered Sale Deed has no value..

 

4. In fact you should  identify the land and take possession of it for your mother and sister and in case the Farmer objects, they should approach the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
23532 Answers
639 Consultations

5.0 on 5.0

1. You can app[roach the Court claiming that the developer had assured you the development against payment of money which you have made.

 

2. The Developer shall have to establish the reason for which it had taken the money.

Krishna Kishore Ganguly
Advocate, Kolkata
23532 Answers
639 Consultations

5.0 on 5.0

1. The land already sold to your mother and sister can not be reclaimed just like that.

 

2. They require Court order for cancelling the said sale deeds.

 

3. In cae of cancelltaion of sale deed, the considerationb collected by the Farmers also shal have to be returned.

Krishna Kishore Ganguly
Advocate, Kolkata
23532 Answers
639 Consultations

5.0 on 5.0

1. There should be declaration of consideraion payed by the purchaser to the seller.

 

2. The cheque no. or cash and amount is to be mentioned with the signature of the seller.

 

3. If there is no evidence that the selling Farmers have received the consideration from you either directly ot through the developer, then the said sale deeds can be challenged before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
23532 Answers
639 Consultations

5.0 on 5.0

Dear client

You should file an Application under RTI act in sub registrar office to know the reason for blocking the mutation of that area. After knowing the reason you should check with the sub registrar about your registries validity.

If you find some thing fishy in this deal can file a criminal complaint against the builder for breach of trust and cheating with you.

Also file a civil petition for recovering the money you have spent for purchasing the land. 

Mohit Kapoor
Advocate, Rohtak
6525 Answers
2 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that both the gamer and company has done fraud with you.
  2. The registers once done will always be valid in the eyes of law and just by saying that he has won the case doesn’t amount your rights go in vein.
  3. First, give a legal notice to the company for complying with the conditions agreed between you and the company.
  4. Then put fences over the land and take some pictures also and if someday tries to remove or tress pass then file a police complaint.
  5. And if farmer is now in the possession then file a civil suit for recovery of the possession and declaration of land belongs to you.
  6. Rest, you are free to call me at any time for further legal assistance.

Sanjay Baniwal
Advocate, South Delhi
5032 Answers
11 Consultations

5.0 on 5.0

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