Is the plot registered in your name now? Then it's yours. That third party cannot claim it as his. He has to sue you in civil court to establish his right. Unless he does so, you have exclusive and unfettered ownership right over it
Plot purchase issue
We purchased plot of 2 guntha( 2,000 sq ft) before 6 years, We have all documents of plot (7/12,tehsil ferfar,registry and notary)... Owner of plot provided plot before 6 year and we put up a notice board stating the ownership and right to property and raw boundary fencing...But now some one other person saying that this plot belongs to him and your plot survey number is different one(i.e in document our plot number is in S.N 192 and raw boundary fencing in S.N 195 and this happened due to minor change(your S.N shifted south) in survey number due to previous satellite mapping and your owner cheated with you)... My owner(XYZ) is expired before 2 years and his all property is transferred to his father(ABC who is alive), his father is saying I can’t do anything my son sold you property and he is expired now.....In document where I plot mentioned(in S.N 192) his father sold 2 more plots than actual land he owns, Now there is no vacant area to state my ownership in S.N 192/8 all occupied by plot owners how I can tackle with this issue please advise us on this matter….
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
1) apply to survey office to carry out survey of your plot and for demarcation of boundaries
2) if seller has sold you property which does not belong to him and his legal heirs is refusing to execute rectification deed and deliver possession of your landthen file suit against seller legal heirs to recover your money with interest
Hello,
Let the person who is claiming a portion on the land file a suit.
You are in possession of the land and you will remain to be in possession till some order is passed by the court.
Also please tell if as per you the claim of the said person is right or wrong?
Regardss
You need to establish your title. As possession is with you let the opponent file suit. You need to just contest the same
1. Apply to Tahsil office for proper Govt. Survey of the plot.
2. "AFTER" above, apply to district collector office, for proper demarcation and rectification of revenue records.
See apply for survey before the MRO office of the land area. Donot leave possession till survey is done and actual survey of your is located in case there is any change is location and your plot is found file suit against the father of xyz to sign rectification for changes
Thanks for reply, 1. We applied to talathi office(tehsil) to carry out survey current plot,when government survey person came to survey and person made objection and told survey officer that this plot belongs to different survey No. and your client's(my) plot is different survey number he threatened to vacant plot and he is powerful local person, my owner cheated me ...with this government officer agreed and left the spot with signature of both parties with his comments on document and told your document mentioned survey number is in south side. 2. Now issue is in my document mentioned survey number there is no vacant plot or space not available now my owner and his father sold all plots, also sold some extra plots. 3. The party who objected after 6 years of possession and that are saying we were not aware about this deal and your owner cheated with you selling another survey plot number and check in document your land owners land is there in another survey number(Objected party is correct our possession is in different survey number) Please answer my following queries in simple language(sorry but its quite tough for me to understand legal terms) 1. To file suit against seller legal heirs(his father or family as my owner expired before 2 years) or objected parties reason they made objection after 6 years? 2. How owner can sell extra plots than what lands he owns , the government office and registry office is not responsible in this fraud, can i file RTI on this? 3. Can i put stay on whole survey number? (survey number mentioned in 7/12 and registry document) 4. is survey number shift possible or they are lying to me? Please advice me simple language on this reason i am planning to process some RTI applications to collect correct information on whole survey number and take history of owner land.
Asked 5 years ago
This is my response to you:
1. File a suit against the seller;
2. The seller should have clearly stated his title to the land;
3. The father is equally responsible since he is the surviving legal heir of the son;
4. Consult a local lawyer and take steps.
case of cheating is made out against sellers as he sold more land that in his possession
2) registry office is not responsible for fraud done by sellers
3) you would not get stay order against whole survey number
4) check records whether survey number has changed or not
1. The suit has to be filed against the legal heirs for possession of actual survey number.
2. Yes you can file RTI and seek information , he might have forged documents for same.
3. You can pray for same before.the court.
4. See you have to.locate in which survey number your plot is situated.the survey number cannot be shifted.
It will be better that they file a suit and you contest it.
Yes you can put stay on whole survey no of you prove its a fraudulent transaction
you have the sale deed registered then you may file a case of affirming your ownership to the property and also seeking a stay order against this person to prevent him from ousting you from your property.
If the vendor is expired then you may have to issue notice to his legal heirs to rectify the survey number by executing a registered rectification deed.
Before that you should ascertain and confirm that what you have purchased is not this property and your property is lying somewhere else in another place.
After confirming that what the other person was telling is a fact then you may initiate steps for rectification or if what he says is wrong then you can inform him to approach court for solution.
1. You must first ascertain that if the objections made to this was genuine and your property is not lying in this survey number ext after which you can issue notice to the legal heirs of the vendor to execute a rectification deed rectifying the correct survey number.
2. A person intended to do fraudulent sale can do anything by bribing the authorities hence it was you who should have been careful by obtaining a legal opinion from a local lawyer before purchase.
You can obtain information through RTI act also.
3. You dont take any hasty steps instead you discuss with your advocate and proceed as per the advise received.
4. You are suggested to get a rectification deed executed with the correct survey number, you may take legal steps on that count and see what is possible.
You can file an application for demarcation of land you have purchased in tehsil office.
If you found some difference in survey no. You can file a civil suit against legal representative of owner who sold you the land.
You can also lodge an FIR against father of owner for doing fraud with you.
