Hi, If the valid sale deed was registered in your father name or not, Suppose if the sale deed is registered in your father name then he can't do anything and he can't deny the execution of the sale deed in your father name.
Land dispute in Telangana
HI Experts, I have a land of 6acres bought by my Father years ago and is transferred to me. I have : Sale deed, Pass book, and also registered in MRO office in Pahani. did this when my father passed away by producing the legal hier doc and death certificate. The person(ABC) who sold 6acres to us also sold another 6acres amount of land to some other people(XYZ), who did not do the transfer procedure as well as not changed in the Pahani in MRO office. so till date in mro Pahani it is showing 6acres my name and 6acres on ABC. ABC claims and kept a petition with court saying that the land sold to me is his land and did not sold to my father, as the Pahani still shows his name (for the land ABC sold to XYZ). And ABC does not want to go to XYZ for claiming coz they will kill him. so he came after me. Now, 1. I asked MRO to show my land do the survey, he says it is court I cant touch. Can we ask anything to MRO to do? or MRO really cant do anyting once land is in court? 2. We have raised a complanit to MRO asking to survey the whole land 6 + 6 and know the facts and remove the ABC name from the Pahani. For whic he says the same answer that the land is in court he cant anything. I have hired a Lawyer and is fighting since five years but no use. And Laywer says that MRO must change the Pahani and remove the ABC name from it. 3. Here, What the court needs from me?, I gave all the documents. Please help me I not able to do anything with the land as this is in the court. Please answer those 3 questions and any additional advice.. Many thanks
Asked 8 years ago in Property Law
Religion: Hindu
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5 Answers
Hi, The sale deed effected by ABC to your father is valid as the mutation in village records show your name which means you are the owner and in possession of 6 acre land. If the village records are showing ABC as owner even after the sale by ABC it is a mistake of government and ABC cannot claim ownership because of pahani entry. That means ABC is cheating you, XYZ and government. If MRO is refusing to do FMB survey, you can ask the court by filing an I.A (interlocutary application to appoint an advocate commissioner and also request through court a FMB(field measurement book) survey to be done by MRO. Then all the culprits(ABC, MRO and XYZ) will fall in line. Also if ABC after selling land to your father has filed a civil suit, you should file a criminal complaint of cheating, fraud and forgery (min 10 years imprisonment) on him. If the FMB is done your case will be completed in 5 months. Not sure why your lawyer is dragging a straightforward case.
Hope this helps.
1) your father has purchased land by regd sale deed and was absolute owner of 6 acres of land
2) mutation has been carried out in your father nane and subsequently in your name on father demise
3) in the suit filed by seller you have to take out a notice of motion or interim application to direct MRO to carry out survey of 12 acres of land
4)once court passes order MRO will carry out the survey
5) court will pass detailed order after consideration of evidence on record as to whether you are the owner of 6 acres of land or not
If your father had purchased the said property by a registered sale ded and subsequent to his death if the same were transferred in your name by changing the revenue records, then there is no question of somebody else claiming the property. Since you have already approached court and submitted all the evidential records before court, you may have to follow it through court scrupulously.
If there is no injunction by court, you may proceed with the agricultural activities, let the matter be decided by court at its convenience.
1. You can seek order from the court to conduct survey on the land. Since the dispute is pending in the court the MRO will not conduct a survey except without a court order.
2. The name will also not be removed from the revenue records unless the court passes a decree.
3. Prosecute your case in the court on merits. Since there is delay in disposal you can move the HC to expedite the disposal of the case.
