Hi I have purchased 8 acres piece of land in 2006 ...got it registered and recieved proceedings and got it entered in 1b book also ...but recently when Telangana govt has started giving out new passbooks ...the extent of land has been reduced from 8 acres to 6 acres...when questioned about the same the revenue officials have informed me that in that particular survey no the extent of land is less than what we have purchased ...so my question is how did they register the land given me proccedigns in 2006 when the said extent of land was not even there...please help how to get help on this issue legally...and their are two other parties who purchased land on this survey no aswell..this land is soon to be taken for a govt project and the payment is going to be released soon ....so how I can get stay from Court to hold the land aquisiton until the survey of land is done.
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Govt. Has right to acquire land for public purpose but you will be duly compensated.
Without due process of land acquisition by giving notice and objection received, land cannot be acquire.
What is your query ?
If less land is counted in particular survey no. than in another survey no. Where your extra land lies that will also enter partially in your name.
Challege the survey in court.
File suit seek court orders to direct authorities to enter 8 acres of and in passbook as per registered sale deed
2) enclose copy of registered sale deed by which you purchased land and old mutation entries reflecting 8 acres of land in your name
Make RTI application to land records authority putting questions from the year 2006 to as of now pertaining to your land .
You would be delighted to have correct and authentic answers from them.
All the best.
1. First make measurement of your land to find out the actual area of your land. Since the land is your possession there would not be difficult to find out the actual area.
2. if the same matches with your title deed then you can file writ petition to correct the survey measurement.
3. Once that is done you ca get the compensation for the are a of land acquired by the government.
You need you file suit and seek direction of the court in the same
File a police complaint of 420 ipc against the revenue office,
Also file a specific performance suit against them for entering the another 2 acers
- Since that land already registered in your name ,hence legally you are the absolute owner of the described land area mentioned in the title deed
- Hence being the owner of the land , you should measure the actual size of the land , and submit the same to the Revenue department .
- You can also submit a written application before the said Land Revenue department to arrange a land surveyor to measure the land in your presence , and submit the same for approval .
- If no response , lodge your complaint before the Joint Collector, and further if no response then file a Writ petition before the High court for the same and to get stay .
You should ask the seller how did he manage to give you 8 acres of land. He has defrauded you. Also go to the tehsildar office and find out about the lands surrounding your land and take details and see if there is any mismatch.
If the government surveyor had surveyed the property and reported that the property is not available to the extent shown in the registered sale deed s per records held by the revenue department then you may have to catch the seller only for this and ask him to refund the money taken in excess.
Alternately you can file a declaration suit to declare your property as per the registered title deed in your possession, the revenue department will then produce their records before court to clarify the issue and the court may take decision based on the documentary evidences supporting your claim or their claim.
On the basis of the pending dispute with regard to your property yo can obtain an order of injunction against the government land acquisition authority from acquiring yor land till the disposal of the pending suit.
You have to file a suit for declaration and mandatory injunction challenging the entry in the new passbook and for correction of the same,but, before filing the suit, you have to check the entire earlier entries to ensure that the land purchased by you was actually owned by your vendors. It is settled law that a vendee cannot have better title than what his vendor was having. If, your vendor has sold more land to you in excess of his ownership, then, you can file a criminal case of cheating against him besides a suit for recovery.
Hi, it is advisable to file a civil suit for declaration in court against the seller and the state government ..
Your registered sale deed and link deeds are required to be perused for suggesting any legal course of action.Without studying those documents it would be improper on my part to offer any opinion in the matter.
1. Land can be acquired for public purposes by the govt by compensating the land owner.
2. Since the surveyor has reported that land is 2 acres less than what is shown to exist in your sale deed then you will get compensation only for the land reported by the govt surveyor.
3. The remedy in your hands is file a declaratory suit in the competent civil court to declare that your property measures 8 acres in consonance with your sale deed.
4. During the pendency of the suit in the civil court you can seek injunction against acquisition of property.
You can initiate proceedings against the erring officials seeking direction to enter the 8 acres in your pass book.
You have to enclose the Sale Deed and 1b mutation proceedings showing 8 acres
1. Yes you can get stay from court.
2. You should file writ petition against revenue department for issue of corrent passbook with 8 acres of land as registered by you.
