Our 3.31 acre agricultural land in Pamuru village, that is in being cultivated by us for last 54 years is being grabbed with double registration document where the daughters of our seller in 1965 resold the same land to some others in june 2019. My grandfather had purchased an agricultural land in survey no.398/1 for an extent of 4-00 acres on 11/01/1965 and an extent of 1-0 acre on the same day. Both the saledeeds are registered as doc 21/1965 and 22/1965 in Kanigiri SRO.In 1990, My father sold 1.69 acres land to through Register 375/1990 of SRO Kanigiri(810). Then, the entire balance 3-31 acres is in possession and being cultivated by my us, later in 2012 we have given this land for tenant ryot. This land of 3.31 acres was covered by the barbed iron wire with fencing stones clearly demarcating our land. This cultivation is also recorded in some seasons of 2013-15 in village records. While we have both possession and title for this 3.31 acre land, our requests for issue of passbook is not fulfilled in spite of multiple applications at both village and SRO level, reason cited was that this land belongs to lake area, but at the same time many others were given passbooks in same Sy. Recently, some one, purchased an extent of 10 Acres 80 cents of the land in sy. No. 398/3 by registering the total land including my agricultural land of 3-31 acres on 18/06/2019, through sale deed 5592/2019 1 of SRO ONGOLE (R.O)(818) in from the daughters of the old Seller of ( 5 Daughters of our initial 1965 seller has done double registration in 2019) Although the survey numbers of our land 3.31 Acres (398/1) and this recent transaction of 10.8 acres (398/3) are different, boundaries mentioned in this 10.8 acres is including our land area of 3.31 acres. This area also includes 3 acres land (in Sy. No. 399/5) belonging to Sri Venugopalaswami temple in our village that is mentioned in 1965 documents based on borders defined between us and neighbors land in Sy.399/11. The new buyers of 10.8 acres above have removed and taken my entire barbed iron wire along with the fencing stones and ploughed the complete area leaving no boundaries without any information to us. This is farce injustice to us as our farm land is grabbed by others on boundaries mentioned in recent transaction without any base. Now my father in old age of 67 years is facing severe unjustice of losing his only savings of his life. Pass book is issued to daughter of old seller despite of registered sale deed. please advise how to proceed.
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Possession is with you, why are you bothering, whoever purchase will suffer. You have valid title document. File FIR agasint daughter and purchaser.
Sale by them is illegal. Pass book has no relevance, Sale deed will prevail.
Whoever official issued pass book is also an accomplice in crime.
See.you can file a police complaint against the new purchaser and the old seller for forceful entertainment and land grabbing. The police shall take action on same.
Further since now you lost possession of the property you have to file a suit before the revenue court for the possession of land and cancellation if subsequent sale deed. Since your father is senior citizen he can ask before court to expedite the matter.
You have to file suit to set aside fraudulent sale deed executed in 2019
2) also seek injunction restraining sale of property by the purchaser
3) also file police complaint of cheating , criminal breach of trust against seller
You can go for injunction before civil court. Also can file criminal trespass under IPC
You have to approach court seeking permanent injunction, declaration of title and repossession of your encroached/grabbed landed property.
you may file a separate suit agaisnt the village revenue officer and the tahsildar and also collector seeking a direction against them for issuing the passbook to you.
What are the legal actions initiated by you so far?
Did you give any complaint with the police for land grabbing offence?
First Registration is best registration according to High Court Orders. You file a criminal case by joining all the parties for cheating against your vendor and others.
Dear Sir,
Those who have acquired a property, but have not obtained patta, may be put to a disadvantageous position as they cannot claim later that they did not receive the notice. Further, patta is issued on actual measurement basis and often there may be a difference between the extent shown in the relevant title document and the extent as covered by the patta. There is a scope for variance or sub-division of survey numbers and particulars like block numbers which can only be found out from a patta.
However, since you bought and registered the property since long back. I guess, one of the legal provision might be helpful. As per law, If a person has been in possession of a property for 12 years or more, a patta can be granted to such person after service of notice on the registered holder or owner of the property. When the patta has been in the names of joint owners, the above procedure may be followed, if there is a transfer of ownership by one of the owners. The consent of the other co-sharers for grant of a joint Patta to a person, who is able to establish his possession and ownership, is not necessary.
Dear Sir,
You have to immediately file a suit for permanent injunction or recovery of possession in respect of encroached area and take immediate stay order against them.
