Dear all I have been in a long drawn out dilemma about the following issue related to my father's property which he had purchased in 1996. Here is the sequence of events : 1. My father purchased a plot of 2200 sq yards in the Moinabad mandal area of Hyderabad in 1996 from a friend and colleague of his. The registered sale deed is appearing on the EC which is available online on the Telangana website. 2. My father's friend purchased the same land back in 1983 as part of a bigger plot (about 4 acres) and got permission in 1991 to plot it by the then Tahsildar/Government official - this is also verified in documents which we have. 3. The guy who sold the original plot to my father's friend in 1983 had purchased it in 1967 from the previous owner for which the registered sale deed is present. Interestingly, the original owner before selling in 1967, obtained permission as per the Hyderabad Tenancy and Agricultural Land Act 1950 from the Tahsildar in 1967 which is verified by a document. It is not clear to me where the original owner got his land from. I'm not sure if this was originally government land back in the 1950s. My father has been an NRI since many years and when he went to visit his plot, people there are saying that it is government land etc etc. It appears land rates have increased to INR 60,000/ sq yard. This has caused us great confusion and hence we have filed a WP in High Court for preventing our dispossession of the plot and awaiting an outcome via injunction. Please can you advise if the above sequence of events seems valid ? Is it possible that this is government land ? Will my father be able to sell the said land and reap any benefit ?
It does appear that your father has clear and marketable title to property
2) if your father is NRI and not in position to carry on any constriction on the plot it is better to sell the plot
3) it is not government land
4) it was not necessary to file any writ in HC
Sale seem genuine in the light of given facts and stated permissions and approvals. As such no hurrdel in selling land and benefits. Donot rely on hearsay. Check from records through RTI. You seem to have hurriedly filed WRIT. Since case is before HC so let court to decide.
It appears that on the basis of a rumour spread by some miscreants that you had approached high court with a writ petition, if that is the case, then this writ petition before high court was unnecessary.
If you apprehended threats from government side to dispossess you then you could have filed a suit for permanent injunction against the government authorities based on the substantial documentary evidences in your possession
Anyway since there is a litigation pending before a court of law you may wait for the outcome.
Dear Client,
The sale appears genuine based on the provided facts and documented permissions and approvals. There seem to be no obstacles in selling the land, which presents various benefits. It is essential not to rely on hearsay, and I suggest verifying the information through records obtained via the Right to Information (RTI) process. It appears that you filed the WRIT petition in haste. Considering that the case is currently before the High Court, it would be prudent to allow the court to make the final decision.
- The given details are showing the geniuses of the ownership of the said plot, as none of the earlier owners have faced any trouble at the time of registering the property .
- Further, no government land can be registered from the office of the registrar , as they have complete information of the lands which come under its jurisdiction and even the said office has the details of acquired lands as well.
- Further, before acquiring any land by the government , it is the duty of the collector to issue a notice to the claimant of the property , and in the absence the land cannot be acquired by the government.
- Further, if none has tried to interfere or trespass in the said land of your father , then why you have file a Writ petition before the High Court , and without inquiry of the said information from the competent authority.
Dear all Many thanks for your responses. Please accept my apologies for not mentioning an important part of the said issue. When we checked the status of the above land's survey number on the Telangana Govt. website, it says the nature of the land is 'government land'. However, there is no mention of specific plots separately. When we last visited the plot (4 weeks ago), the grandchildren of the first owner who sold it in 1967 were there it is government land and were heckling us for no reason. So we felt the best way forward was to file a writ. It is very bewildering to believe how this can be a government land when so many hands have exchanged this. Would this change things or may have been an error in the government records ?
It dies not appear to be govt land
try selling the plot
It was a wrong move to approach high court on this matter.
Especially without the government asking you to vacate the land you purchased citing the reason now you are made to believe, your approach to court is hasty decision because it will wake up the government authorities who might have even been sleeping over it all the while.
Even otherwise your remedy was with the district court and not a relief through writ before high court.
Now since your case is pending before high court, no opinion can be rendered at this stage.
Your father is actual owner. Govt. cannot acquire this land without paying compensation. All is happening is people trying to encroach your land.
Better sell it.
- You can lodge an FIR against the earlier owner for the offence of cheating and breach of trust
- Further, you can enquire from the authority to know the actual status of the said plot
- However, as you have already filed Writ , then the other party will itself submit the evidence with its reply.
The ownership of this land belongs to your father, and the government cannot acquire it without providing proper compensation. Unfortunately, some individuals are attempting to encroach upon your property.
You can file an RTI application and find out the same
