• Bogus patta and subsequent Deeds

Sir,
kindly study the case thoroughly and advice me."D" is my grand mother.Property is under dispute since 2013.

1.A got 22 cent for lease from father..
2.Then A given 11 cent to B for lease.
3.Then B given it to C,and finally C to D.After land reform act D got patta for 11 cent from Land tribunal-L1
4.A also got patta for remaining 11 cent from Land tribunal-1
5.After 10 years A destroyed patta from Land Tribunal-1 and by hiding previous transaction and loopholes in local measurement system, got 18 cent patta from land tribunal-L2.
6.Then A transferred 18 cent title to descents(actual land under A's possession during that time was 13.72 cent,including excess 2.72 cent)
7.After 30 years Descents of A claiming right over property occupied and possessed by descents of D.

Main obstacle:
1.No document available in Taluk office for A's 1st patta from Land Tribunal-L1 (land Tribunal dissolved) 
2.A road was going through the property.This disputed property is at the opposite side of my house.Now they are arguing that disputed land has been under their possession.
3.All the measurements in documents were in local measurement system(aashari Kol).It is not definite,varies slightly from place to place.However there is a common conversion system used by revenue and registration officials but it is not written anywhere.Nothing is available under RTI.
4.Commission is not considering previous documents,they are just surveying as per new false document.From their report a leymen will think that part of D's property (belonging D's home=undisputed) is not the part of A's 1st document.
5.Commission is not competent,Although surveyors submit correct Plan of the property,commission always giving wrong and confusing information.
6.A's descents has been paining Tax for 18 cent until disputed.
8.In encumbrance certificate transaction are shown correctly.Ancient local measurement is shown correctly.As per their certificate,22-11=18.They mentioned equivalent measurement of local measurement are 22 and 11 cent correctly however 18 cent is shown wrongly.
9.I can not argue with him,I can not enter into disputed property,He is misusing political influence and SC atrocity acts.He is a Rowdy.I am surviving because of mobile camera.

Favourable points;

1.East-west north-south Measurement given in As descents new document is same as that given in 1st document of A.(measurement corresponds to 11 cent property not deduced)

2.Their east-west north-south measurement are not covering property properly.But D's measurement are perfect and cover property entirely.

3.D's Descents possess all documents until disputed, possession certificate,Tax receipt,Legal heir certificate,correct Encumbrance certificate,patta,Proper Deed.
Asked 6 years ago in Civil Law

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7 Answers

Perfect case for filing writ petition in high court

Prashant Nayak
Advocate, Mumbai
34747 Answers
252 Consultations

1) you need orders passed by land tribunal wherein parts was given to D for 11 cents of land 

 

2) then file suit to set aside patta given for 18 cents of land in favour of A 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

Better file civil suit and get injunction agasint the encroachment of land and prohibition to interfere with your peaceful possession.

D must be having lease trasfer docuemtns ? from A to D.

Also in absence of any title document, you are entitle to ownership by adverse possession.  For this declaration from court will require.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You had to file cross claim in same suit. Well, no issue you can file but with same cause of action, interim relief will depend on first suit order.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can make application for amendment of plaint  to set aside transfer of 18 cents of land in favour of A 

 

2) don’t file any fresh suit or writ 

 

 

3)disposal depends upon pendency of cases 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

Dear 

You should file a writ petition in High court against revenue department for production of old documents and get the patta no. Corrected as per transfers of 11 cents on name of D. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can also raise the issue of corrupt commissioner in your civil writ petition and high court will pass appropriate direction in the same. 

Prashant Nayak
Advocate, Mumbai
34747 Answers
252 Consultations

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