• Land dispute over survey number

I have bought a 2000 sqft land in bangalore 2 years back. I took composite loan from nationalized bank. now we are in the process of house construction. yesterday on guy showed up with permanent injunction order for 2 acres of land and survey number stated as 25/1A2 and he claims my property come under his 2 acres. In my mother deed and all other documents survey specified  as 25 and site number 2. 

Before we purchase this land we did legal scrutiny from 2 lawyers and they claimed all the documents are clear. Bank also cleared legal scrutiny. 

Now I am not sure what to do.He has some political background as well. Please let me know list of options available.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. First ascertain the Survey Number of your land from the L.R. Department,

2. Collect the case no. based on which the purported Injunction Order has been issued,

3. After collecting the certified copy of the petition, you shall be able to understand what is exactly the matter in connection with your land,

4. Engage a lawyer to make a search from the Court about the purported dispute about the land for taking further action in this regard. 
Krishna Kishore Ganguly
Advocate, Kolkata
14474 Answers
328 Consultations

5.0 on 5.0

1) obtain copy of suit filed by the person claiming ownership of your land and copy of court order granting permanent injunction 

2) contact a local lawyer and make application for being added as party to the suit 

3) take our application for setting aside injunction order as you were never made party to the suit proceedings 
Ajay Sethi
Advocate, Mumbai
31222 Answers
1715 Consultations

5.0 on 5.0

Hello,
1) You need to approach the court tho get the injunction vacated submitting all the documents you have in possession to prove your ownership.

2) It is fit the court to decide whether there has been any error in reference to the survey number or of the injunction was obtained by hiding the truth from the court.

3) His political background would not help. Along with petition to vacate the injunction, ask the court to maintain status quo.

S J Mathew
Advocate, Mumbai
2039 Answers
86 Consultations

5.0 on 5.0

Such types of land mafias are very common in Bangalore and they will be targeting the properties which starts developing from landed property to house property.
If he says that he has a stay order or injunction ask him to proceed for execution, in the meantime you may also proceed to court with suit for declaration f title on your name on the basis of your sale deed, let him challenge that.
If the suit filed by you is going strong in your side, he will vanish from scene without contesting, so do not be pressurised by such tactics, stand up and challenge them. 
T Kalaiselvan
Advocate, Vellore
21412 Answers
208 Consultations

5.0 on 5.0

Continue the construction, the Injunction order was not served on you by the person claiming to be the owner, it was only orally stated, if the same is served directly by the court that means you will have to cease all construction activities if the injunction states this very clearly. 
If at all there is a case filed by Mr x that pertains to this property then you along with your seller will be defendant's in this case and through the due process of law you will get a court notice/summons duly served on you.
After this you can contact an advocate to assist you to defend your stand in this case, your seller has to also assist you in this endeavour. 
if he uses muscle power or political power, lodge a complaint with the jurisdictional police (police can also be influenced by him) take an acknowledgement, thereafter you file an injunction suit against this person/s and take a restraining order against him from disturbing you or in any manner trying to disposses you from this property in any manner whatsoever.
at any cost do not let go of your physical possession over the plot.
Kiran N. Murthy
Advocate, Bangalore
861 Answers
67 Consultations

5.0 on 5.0

Hi, in that suit are you party ?, if you are party in the suit then you can impaled in the suit as a party defendant and contest the case on merits.

2. If that guy  trouble you then file a suit for bare injunction restrain him from interfering with peace full possession and enjoyment of the property.
Pradeep Bharathipura
Advocate, Bangalore
4262 Answers
164 Consultations

4.3 on 5.0

The court has ordered permanent injunction against you, which practically restrains you from commencing any construction on the land. Now the only remedy is to challenge the order of injunction in a higher court as during the subsistence of injunction you cannot start construction. There is no other option. Engage a lawyer and get going.
Ashish Davessar
Advocate, Jaipur
20371 Answers
538 Consultations

5.0 on 5.0

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