I have purchased a land (SITE formed in Land) under Village Panchayat ( Bangalore East) limit and have registered in my name on april 2013.
Khata was not transferred in our name, being Bangalore Punchayat kahata;s were stopped due to computerization.
All of sudden one day a group of gang have demolished the layout and SITE numbers. After a long while again they rebuilt the Layout and kept as it was in the beginning. also placed a new developers board and shown land for villa apartment.
The gang is not even ready to meet us and discuss about the problem of land. In spite, they used to shout on us and asked not to come towards Site.
The land owners are unknown to us, as the deal was done by the agents ( who is died recently in Heart attack) .
Subsequently, i got the SITE EC in my name , and even taken EC of land, but everything is neat and clear since 1989.
I have checked all the documents in Registered office and no such litigation or objection has been filed by any of the party and title is clear.
We tried to enter to the local panchayat and asking about the details, but they were not ready to co-operate and help.
The money what we have invested in land is out of our hardwork and sweat and just lying in the land without any interest and results.
We have approached the lawyers and but they were no clue on what need to be done.
I am confused and not able to do anything. anybody can suggest a solution and come out from this problem, basically i need my money back.
Asked in Property Law from Bangalore, Karnataka
1) lodge police complaint against those who threatened you under section 506 of IPC for criminal intimidation .
2) also file declaratory suit that you are the owner of land and obtain an injunction restraining goons from disturbing your peaceful possession of land
3) make local panchayat formal party to the suit
you need to go to court for a refraining order against the trespassers, let them come to court with their defense in terms of their title in the property.
if you have documents showing the title documents.
engage a civil lawyer and proceed in the court .
The intruders are using their muscle power which you will have to defend with the help of a court order.
1) If you have legally purchased the land and the EC is in your name you are the rightful owner and the people have encroached upon your property.
2) You need to file a police complaint about the demolition of the layout and SITE numbers and the trespass into your property to the police and seek support of the police to vacate the trespassers.
3) You can also file a Declaratory Suit in the court and bring about clarity in the ownership if there still exists any confusion about ownership of the property.
You are the absolute owner of the site purchased by you from the land owner, all the papers are in your name. Taxes have been paid upto date, Form-9 & 11 Katha is also in your name, except the e-katha that was not transferred into your name, for all practical purposes you are the absolute owner.
Now the possession of the site has been taken away from you by unknown persons who are squatting on the land on which this site has been formed.
In your case you need to immediately lodge a police complaint of criminal trespass against these persons and try and take back the lost possession back with you.
Thereafter if the police become non cooperative (usually in cases of civil nature they do not intervene much) then take an NCR Endorsement from the station and file a suit for declaration and permanent injunction against these persons and in the said suit file an application U/o 39 Rules 1 & 2 of CPC seeking an ad-interim temporary injunction against these persons, obtain the stay and get this published in a leading newspaper as a PUBLIC NOTICE.
During pendency of the suit no transaction/s can be undertaken by the trespassers.
Hi, you have to file a suit for deceleration declare that you are the absolute owner of the property and also consequential relief of possession before the Jurisdictional court.
Hi sir/madam, you don't worry. You want to status of documents to know from the village panchayath office, you have to file Application under RTI Act, 2005 u/s 6(1) and 7(1) along with payment of Rs.10/- IPO in the name of village panchayath secretary or president for the same. They are definitely give the all the details/information about the said site. If you want your money back, it is difficult at this stage. If you want my legal service I will do it.
If you have a registered sale deed on your name, you certainly may locate the vendors because the address of vendors should be found in the sale deed. A police complaint for name sake should be lodge with the nearest police station despite the fact is that the police will not take any action on it saying it is a civil matter. Subsequently file a suit for mandatory injunction against the squatters/intruder/illegal occupiers or the trespassers under the care of the so called developers who have fixed the name board in the property. You can also make a complaint with the anti land grabbing police for the land grabbing offence.
1. It is surprising that the lawyers you approached were clueless.
2. The legal recourse you are required to adopt is to file a lawsuit for eviction of the trespassers. A criminal case for trespassing can also be filed against them. Both the cases can be filed simultaneously.
3. If the title is clear then you do stand a very good chance to recover your land.