Yes you can proceed with the suit
Being threatened to evacuate the land (living for 15 years) by the seller
Dear Sir, There is a land of approximate 1360 * 15 square feet spread in three pieces of land. It has been sold to me from one of three brothers in 2003. The registration is in my name. But the transfer of ownership hasn't been done till date. The khatna khatoni is in the name of three brothers. But the registration has been done by only one of the brothers. Two of the brothers have not done the registration. Yesterday(27/07/2019) I was summoned to the police station to be intimidated by four lawyers sent by them to evacuate the land. They said that the land has been sold to other people(third party). What should be my course of action? I am planning to file a suit in court, Please advise.
Asked 6 years ago in Property Law
Religion: Hindu
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30 Answers
You can file suit for partition for division of land by metes and bounds
2) please note that brother could only have sold his undivided share in land
3) seek an injunction restraining sale of land by other co owners
immediately file a suit restraining them to enter the land owned by you, to dispossess you, to alienate further
1. Once a valid sale deed is made the title is already transferred and you are its valid owner.
2. Khata transfer is only a mutation which neither creates no relinquish ownership in the property. It is done only to make revenue payments.
3. Your problem is only one brother has made the sale deed and hence you have only 1/3rd share in the land.
4. So in that event you can file a suit for partition under section 4 of Partition Act to get your 1/3rd share in the land to be physically butted and butted by the court. In the said suit seek injunction as well.
5.This is a civil dispute and hence police has nothing to do wot this.
First, you get transfer land on your name accordingly registration that is 1/3rd land.
If other two brothers has signed the agreement with you 15 years back you can reply to their notice to complete transcations with you and get registered property on your name.
For better guidance need to review all your property papers, agreement deed and notice received by four lawyers.
See firstly if three brothers have equal share then one brother can only sell his share he cannot sell the complete land, so you have to check for this.
Secondly police cannot remove you from possession even if land is sold to third party they have to.file a suit and you can contest same.
So I would advise you to continue holding the land and contest suit and file counter claim in the suit when they file same.
Other two brothers haven't signed the registry paper. But one brother sold all the stating he owns all the land. So how to go ahead from here. If the other two brothers as using their goons and strong community support to vacate the property. can I ask the court that the brother who said he owns all the land has done fraud with us and he needs to return us the money or settle the dispute with his brother to allow us to use all the land?
Asked 6 years ago
See they need court order for the possession of property, you can file.case of cheating and breach of trust against the seller.brother who sold by stating.false on deed.
Yes file FIR against the said brother.
Install CCTV cameras in your land
2) record all threats
3) file police complaint against seller for cheating under section 420 of IPC
According to section 44 of Transfer of property Act,every co-owner has right to transfer his share. you can file suit for partition on the basis of relevant documents.
Immediately file a suit, seeking a restrain order against these people praying that they be restrained from disturbing your peaceful possession upon this property.
Contact a local lawyer.
Yes you can say that they defrauded you
Dear
You should file the declaratory suit on ground of adverse possession because you are enjoying peaceful possession of land from last 15 years.
Also pray for permanent injunction against the sellers for restraining them to enter your premises and from selling the property to any third party.
Dear Sir, Local Lawyer is saying without the name in khatoni it is impossible to take immediate stay on the property and stop the other brother from intruding in the property forcefully. what should i do in this case? And how long generally it takes in case of the civil suit to give stay. and Is there a way to get interim relief from SDM / SP from not being harrassed by local police station and the brother(of seller).
Asked 6 years ago
File suit seek injunction restraining brothers from disturbing your possession of house without following due process of law
you should get stay in a week time
3) complain to local police station with copy addressed to commissioner of police against harassment by brothers
See you have to wait then till they file suit for possession against you as in that case you hane go defend there claim.
Aee you can approach SP if they are harrsing and complaint before SDM and DM in writing can be given.
You can show any other documents belonging that property in your name for primafacie showing to court that how the said property will be affected is stay is not given and the same belongs to you
If you have received the legal notice then you may give a reply denying the allegations and state the facts in the reply notice.
After that you may file a partition suit seeking partition and separate possession of the portion of property you purchased from one of the cosharers by a registered deed, if the seller had sold you his undivided share in the property.
If the seller has fraudulently sold you the property with false information, did you not verify his title then?
However you can give a police complaint against your seller for cheating you and fraudulently selling the property.
Besides you can file a suit for declaration to declare your title on the basis of the registered document in your favor.
You can get a stay order even without getting your name mutated in the revenue records.
The registered sale deed in your favor is very good piece of evidence, let the court decide about it when the suit is coming for trial in the court.
You may change the lawyer and engage the services of a better lawyer who has more knowledge on the subject.
- As per the information mentioned in the present query, makes it clear that you have not been guided in a proper way by the local lawyers in accordance of law.
- You have the Registration and living there since long and also in the possession.
- If there is any discrepancy between the brothers then the brother who sold to you is liable for their loses, but surely not you.
- You should file a suit for permanent and temporary injunction suit before the civil court of law and you would surely get relief.
Dear Sir, We have filed a civil case for an injunction restraining brothers from disturbing your possession of house without following due process of law. Since the seller brother is not coming to our rescue can we file a case against him for fraud and harassment to us in sectin 156(3). Also we have a evidence video in which he has said that he sold land after taking other brothers consent as well also he trying to sell the same property to someone else. How to Grab the seller brother so that he settles the issue with his brothers? and we can leave peacefully at our land!
Asked 6 years ago
File police complaint against brother for cheating under section 420 of IPC
2) if police refuse to lodge FIR file private complaint before magistrate under section 156(3) of crpc
You need to have evidence that he has defrauded you to get orders under 156(3) crpc. You can file cheating complaint and grab him to settle the issue
See you can file the complaint against them with police and ask to file FIR if on same they fa then file a complaint though the matter is subjudice police nay not interfere.
You hav remedy in the civil law itself for this, no such criminal complaint shall be maintainable on this issue.
As you have already filed the civil suit, you may proceed through that suit itself, there is no necessity to file a separate case.
You have to file a suit for possession of the property sold by him illegally as the same is not binding on you and also for cancellation of the sale deed executed by him fraudulently
Respect Sir, Since one of the brother has sold me the land and as per revenue records all the brother have their name on Land. Still, the partition of the property has not been done between the brothers. Is it possible that I can get my name(Land mutation) on revenue record as Co-owner(Sah khatedar ) of the land? Please let me know if I stand a chance to win the case to get my name on the revenue records in the court of naib tehsildar, even other 2 brothers object the mutation? Or is their any other way to get the name on land records through Civil suit?
Asked 6 years ago
Has your brother sold property to you by registered sale deed
if so you can apply for mutation of brother undivided share in your name
not necessary to file suit for mutation of property in your name
You have to contest the case before the Naib-Tehsildar to get the mutation done.
Yes you can get the mutation done. You can win. But if not succeeded then civil suit is the only remedy
If there was no proper partition of property among the brothers then how did you identify your share ion the property?
You can apply for mutation of revenue records to your name on the basis of the registered sale deed in your name.
Let the other brothers object to this, you can give an explanation and also can produce the registered sale deed's copy to the revenue officer.
If nothing is working then you may approach court to seek direction against the revenue officer for getting the property mutated on you name.
Hi Sir, In the above matter(please refer to question 1), we got the mutation done in our name since in khatoni total land is around 12 acre and we have bought less than 1 acre and we are having possession of the same. Tehsildar did mutation to our name. Now one of the seller brother's(who hasn't signed the sale deed) has challenged the mutation, in the court of tehsildar. Tehsildar who passed the order has now transferred.and some other tehsildar is hearing this case. and after hearing both sides tehsildar has reserved the judgement and she can give it any moment. Can tehsildar revoke our mutation done? it is possible that under some section tehsildar can throw us out of the property?
Asked 6 years ago
You cannot be forcibly evicted without following due process of law
2) seller brother will have to obtain court orders for your eviction
3) wait for orders to be passed by tehsildar then decide your course of action
Without a partition among the heirs of the property and selling the property without identification of the share of the seller cannot be held as a valid sale, the sale deed itself is in doubt in the given circumstances.
However you can file a partition suit and and seek your respective share in the proeprty as per the registered sale deed in your possession out of the share of the seller's share in the property.
If the Tehsildar is cancelling the mutation done in your favor then you may appraoch court seeking to reinstate the mutation done in your favor for the reasons you may rely upon.
Yes, the mutation if proved to be done wrongly then the same can be revoked.
I do not know the merit of your case and hence can not comment about the outcome but certainly the mutation can be cancelled.
if the same is cancelled then you also have the right to challenge such cancellation before the higher court.
Regards
