Why did survey department close your application
do you have copy of order passed by survey department
you have to obtain court orders to cancel sale of land and place your name as owner of land
How to find my property
My father bought 2.5 gunta land in 1970 in a small town in karnataka.title deed mentions the survey number as 45/8 and 4 boundaries (Ex: A,B,C,D) . There is an empty land of this measurement in the same survey no 45/8 but in other person XYZ's name. I'm not able to find my property by using the 4 boundaries mentioned in our title deed. I filed a case against XYZ in 2014 that he has encroached my property. There is a loophole in the XYZ's sale deed. It mentions the survey no as 45/3. But the 4 boundaries mentioned in their title deed are matching to this land. After alienation, he has even got it converted to 45/8A and their name is in the land records of 45/8. Court drew a decree in my support in 2018. But the suit schedule property mentions the 4 boundaries as per our sale deed. The Court has told that these two are distinct properties and confused about how XYZ's survey number changed from 45/3 to 45/8. Can I claim this remaining land in this survey no? All other land is occupied. He has got e-swathu in their name, for this property. One Other neighbor also had his survey no. mentioned as 45/3 in his title deed. But after alienation, his land survey no. is also converted to 45/8B. After winning the case, I applied for tatkal podi to cancel their alienation and place my name in that property. But the Survey department disputed the application and closed it. Is there any other way I can claim this remaining parcel of land which is 45/8A. Can court commissioner be appointed to help us claim that place? If XYZ starts any construction , can I stop it ? If they call police, how can I defend the place? I just have sale deed and name entered in RTC.
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
- If the Survey department has closed the application , then you can challenge the same before the court after filing the declaration and injunction suit for getting order in your support and to restrained other party to raise any construction.
- Further, you can also move an application for the appointment of Court Commissioner to file the report after physical inspection of the property.
The surveyor came and surveyed the land. He found out that the boundaries of that land are different from those mentioned in my sale deed and that land is already alienated as per the DC order. So he raised dispute which was upheld by the district director of land records as well. The person XYZ has no proof how his survey no. got changed from 45/3 to 45/8. But he has got a MR copy from 1988 about neighboring properties of 2 persons where the Revenue inspector has mentioned that "based on the boundaries, the actual survey number of each of these properties matches to that of survey no 45/8 ". Hence their names got added to the RTC of 45/8 from 45/3.. so, now XYZ says even his survey no. must have got changed to 45/8 similarly based on the boundaries.
Asked 3 years ago
Sale deed is the document from which you derive title to property
2) if boundaries don’t match survey officer was correct in holding that said land does not belong to you
3) the said order has been upheld by director of land records as well
4) if you are aggrieved by said order file appeal against said order
Police doesn't have jurisdiction as this is civil case. They need to approach civil court and take order
If you have got a decree in your favor and feel that the proeprty is already occupied by the opposite party you can file an execution petition to execute the court decree.
To identify the property you may file an application to appoint court commissioner to identify and fix the property with the help of government surveyor.
In the meantime if the opposite party is trying to put up any construction you may obtain an order of injunction restraining him from indulging in such activities which would be detrimental to your interests.
This is not acceptable especially when the court has passed an order in your favor.
You may better apply for appointment of court commissioner to identify your property and to vacate any unauthorised occupier occupying your property through due process of law.
Dear Client,
Land administration essentially involves recording, processing and dissemination of information about the ownership, value, and use of land. The system of land records management varies across states, depending on factors such as historical evolution and local traditions. Broadly, such information can be classified as details of the property (such as tax documents, rental documents), spatial records (such as maps, boundary limits), and transaction records (registered sale deeds). Today, land ownership can be determined through a set of documents. These include: (i) the record of rights (RoR), which captures details such as the name of the land holder, the number and size of the plot area, and revenue rate (for agricultural land), (ii) the registered sale deed to prove that the property has been sold from one person to the other, and the taxes on the sale have been paid, (iii) survey documents to record a property’s boundaries and area, and prove that the property is listed in government records, and (iv) property tax receipts.
In December 2016, certain changes were made to DILRMP.
As per the changes, survey or re-survey operations will be conducted only when the RoR, or field book or map are not available or are destroyed/ damaged/ outdated. Further, if there is a difference between the area recorded in both the documents, the area recorded in the RoR will prevail. The survey/ re-survey has to be done for each plot of land. Further, the government and each land owner must arrive at an agreement certifying that the owner is satisfied with the survey. This further necessitates the need to undertake surveys on a periodic basis to update information in cadastral maps. The Expert Committee on Land Titling (2014) had recommended that for a guaranteed titling system, it is essential that the spatial and textual records are integrated and unified, so that there is no gap between the two.
Thank You.
- You can file a petition before the court for the same.