Purchased 1080 sq yards plot in an unapproved layout in 2008 along with a friend who purchased the opposite plot. Last year someone put a board on our plot that 600 sq yards belongs to them. They did not turn up for a meeting so we filed an FIR in sept 2019. The police have summoned the other party and they have submitted 4 sale deeds of 300 yards each. 2 on our plot and 2 on our friends plot. The police are saying that they have written to the MRO for a survey and to Registrar office and Revenue Department to check if they they are a) fraudulent docs b) Mistaken location of land OR c) If they have been cheated. It has been 6 months and there have not got the docs yet. I met the government surveyor at the MRO and explained the situation. He says that since this is an unapproved layout they will not have any records to check and validate.My queries are as below; 1) Is this a police case or a court case 2) If the surveyor cannot help then how do we sort this out 3) My friend had already regularised his plot under the LRS scheme a few years back, is his land safe 4) We are planning to regularise our land this time( LRS scheme is open again), if this is through is this issue automatically resolved 5) Should we just go ahead and build a wall and inform the police if they create any trouble 6) When we take the EC it still shows the property in our name. Is this not sufficient? 7) How do we check if they fraudulently created these docs( they registered these deeds in RO's outside RO where the lands fall) 8) They have only submitted their 2019 sale deeds, No link docs, No EC and no Layout sketch The land is in Andhra Please advice the best way to resolve this issue
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1) you have to file suit to set aside fraudulent sale deeds
2) in addition criminal case of trespass , fabrication of documents is made out
3) regularise your plot but if it is subject matter of litigation it would not be regularised
4)merely relying upon EC is not sufficient
5)registration of property has to be done within the jurisdiction of registrar office where property is situated
1. This matter can be solved by civil court alone, because the police cannot go beyond certain extent, hence the court only can pass an order after analysing all the document sand hearing both the sides.
2. Since this is an unapproved layout, the surveyor may not have any records to verify the correctness of the plotted property.
3. What is regularisation, if that is the case from where the stranger is claiming his ownership in the property, he has to establish his title through court of law.
4. The regularisation is a different subject to that of the title claimed by a stranger in your purchased property.
You have to first establish your title while a third person is also claiming his title to the property you have purchased.
5. You can proceed.
6. What are you going to with the claim made by a rival claimant with the property documents in his name.
7. By filing a declaration suit to declare the title on the basis of the registered documents in your name, let them discharge their burden to prove their title.
8. You can fight it out in court of law.
I think police has not yet file FIR but kept the matter under preliminary inquiry. You should file FIR agasint seller and those who are claiming. What si the date of there sale deed. I think this an attempt to encroach your property.
Get the information from MRO under RTI. Don`t rely on his oral version.
If your sale deed is of previous date, your title is safe ad go ahead with conversion and construction. Their sale deed if forged. File FIR. MRO may also involved in this.
1. MRO office have records for all the land even if it is unapproved site.
2. yes your friend plot is safe.
3. Build boundary on your plot and put board on it that this plot belongs to you.
4. EC record is sufficient to prove your ownership along with sales deed available with you.
5. You cannot check genuiness of documents only police have power to investigate the case if FIR is lodged.
Thank you all for your answers, very useful as always. Just one clarification. 1) Should i just go ahead and secure my property with a wall or proceed with a case or both. Because im a little confused after the Surveryor said that he will not have records of the plots in an unregistered layout. Therefore the only proof here is the genuinity of the docs and who and who purchased it 1st. 2) The LRS is open till april, but i will not be eligible to appy of there is a case. But non application "Non application will lead be treated as: a) offence b) No EB, Sewage and water connections c) No sale will be allowed d) No building approvals". Its a catch 22 if i have to file a case in court.
apply for LRS
Then proceed with case don’t construct a wall
1. If you are sure of the property you have purchased (in the absence of government revenue records for demarcation) is as per the documents in your possession, then you can fence the boundary of your property to secure the same properly.
Let anyone object to this, you can take up the case through court of law, or if the party objecting to this act, let them approach court with their case which can be challenged based on the documentary evidences in your support.
2. If the legal action is the last resort then you may approach court also for relief and remedy
Police should not interfere, you are advised to approach the concerned civil court ..
You may move an appropriate application before the Civil Court for sending the documents to forensic lab for examination.
You can construct wall once you apply for LRS and if there is no order in respect to any application under Order 39 Rule 1 & 2 then obviously you can construct without any obstructing right of anyone.
1. First step should be marking your possession by making wall around your plot.
2. No need to file civil case as you have already lodged complaint with police but make sure to keep all records of the complaint filed with police.
go ahead and secure my property with a wall and case - both.
You have sale deed sufficient to file case.
1.If FIR is filed it will be a police case.
2.You need to approach the company for another surveyor.
3.Yes land is safe.
4. Yes.
5. You can do that along with other remedy including approaching court.
6. No
7. By inquiring through RTI if filed bt them or registered by them
8. Not enough
1. Yes you can do that along with other allied remedies
2. It mat be not treated as a offence without Intimating the authority
