Legal remedy against seller / government for wrong land record
Sale deed for agri land was made in April 1997 based on 7/12 extract issued by village Talathi (in Sindhudurga dist.) showing area as "1.00.16" (meaning 1 hectre and 16 gunthas= total 116 gunthas). Cost was paid as per area 116 gunthas and sale deed registered in Tahasil office. Recently, at the time of selling off said land it was transpired that the actual area of land was 00.1.16 (meaning 1 acre 16 gunthas i.e. 56 gunthas) as confirmed by Bhumi-abhilekh deptt. also. There was a serious lapse in "writing " the 7/12 extract by the then Talathi in 1997.Though the "measurement" of land was asked by us in April 1997 and carried out, its "report"was never despatched to us by government authority. Had it been so the mistake could have been detected then itself;the seller is now posing ignorant of such mistake.
In such case can we go for legal case against both government authority (for wrong official information / record) and the original seller( for cheating)? How to and where to proceed for action?
Asked in Property Law from Mumbai, Maharashtra
You can go to court for investigating the matter for fraud and criminal conspiracy by seller and concerned govt. officials otherwise police may not take up.
Advocate, New Delhi
This is yet another case where the seller did not carry out legal due diligence through his lawyer before purchasing the land. You should immediately consult the issue in dispute with a lawyer and show him all the relevant documents so that he can chalk out the legal recourse ahead for you. Queries of this nature cannot be resolved in a question-answer format on line.
it is necessary to go through relevant documents to advise as to whether case of cheating has been made out . contact a local lawyer