• Different property type in dolil and parcha

We have a pond property . Its 22 SATAK.
When we register and buy it from the previous land owner, in DOLIL we write it as SHAALI
Few weeks ego we have our porcha. Property type as POND.
Now some local people are trying to miss guide local councilor and MLA that we have fake documents.
I want to ask you how should i deal such issue. Do they have any legal rights to clam this?
Asked 4 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu

1) if you have purchased property by registered sale deed you have nothing to worry about

2) I presume before purchase of property you must have done due diligence . Checked whether title is clear and marketable

3) even if an inquiry is held on basis of complaint by local councillor you should face the inquiry and satisfy the authorities regarding your title to the property

Ajay Sethi
Advocate, Mumbai
58467 Answers
3534 Consultations

5.0 on 5.0

1) if property was recorded as pond why have you in regd sale deed mentioned it as land ?

2) whether there were any restrictions on sale of pond ?

3) it would be a legal issue if pond has been fraudulently sold as land

4) contact a local lawyer . If necessary deed of rectification should be executed by seller that pond had been sold to you

Ajay Sethi
Advocate, Mumbai
58467 Answers
3534 Consultations

5.0 on 5.0

Was the property purchased by registered sale deed? If yes then you shouldn't not worry! Further mutation does not give you title ownership over the land, so you can file a rectification.

Also we suggest you that you should write an application to MLA and authorities thereby mentioning about the sale deed.

If at all matter is not settled, you should file suit for declaration before the court seeking declaration that you are the legal owner.

Sudershani Ray
Advocate, New Delhi
192 Answers
43 Consultations

4.6 on 5.0

What has been described about the property in the registered sale deed, whether landed property or pond?,however since you have a valid sale deed in your favor, just keep silent, let the people who make hue and cry come with legal action against you after which you can challenge the issue legally on the basis of valid documents in your possession.

You can file a caveat petition to become aware of any legal action by them in this regard.

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

1. In the sale deed the property has been mentioned as Shaali whereas in the revenue records it has been mentioned as Pond.

2. You derive your rights from the sale deed.

3. Incongruity in the description of the property in the sale deed and mutation certificate does not amount to creating fake documents. Nobody has the right to initiate the legal process against you unless he is aggrieved in any manner for ex. if he entered into an agreement to purchase the property and a misrepresentation was made to him.

Ashish Davessar
Advocate, Jaipur
25432 Answers
723 Consultations

5.0 on 5.0

1. Your query is not clear. are they climing the title of your said property? If yes, then on what ground?

2. Howevr, local councilor has no authority pass judgement about genuinity of a deed. Civil court has the jurisdiction to pass such judgement after conducting a trial,

3.What character of the property was mentioned in the mother deed i.e. the title deed of the owner from whom you had bought the property? Was it mentioned pond or shali? If it was mentioned pond, then why was it mentioned as Shali in the deed through which you purchased the property from the owner?

4. Just one mistake in mentioning the chracted of the property/lan does not mke the title deed fake,

5. If it you hve the egistered sale deed, then you are its absolute owner.

Krishna Kishore Ganguly
Advocate, Kolkata
21342 Answers
545 Consultations

5.0 on 5.0

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