Cancelling of bogus patta arising from bogus layout.
'A' was given Power of Attorney by 'B' over a parcel of land in about 1980. It was Agency coupled with Interest.
Subsequently, 'B', by filing false documents got a bogus approval from the MMDA and began selling the land as plots.
'A' moved the court and got an interim order restraining 'B' from indulging in such activity.
The case was decided in A's favor.
An appeal and again another in higher courts were also decided in A;s favor.
The issue now is how to discourage claimants who purportedly purchased plots from B based on an MMDA approval which was itself based on false documents.
Some of B's buyers have even acquired Patta's based on their false documents.
In such a situation when A's buyer has applied for Patta the Tahsildar's office is not immediately or reasonably responding to the veracity of the three court judgements
Moreover B has marked an area in the false MMDA plan approval as a public park site which is giving cause for the locals (B's buyers) to raise a claim.
How to invalidate the Patta of B's buyers. How to reject the claim of a public park site. How to cancel the false MMDA Approval.
What is the legal and authoritative recourse for A's Buyer, who has purchased plots of land even before the false approval and the issuance of false layout plan by MMDA, to cancel such false prevailing patta and to reject the prevalence of claims over the land as public park site. And finally cancel the bogus MMDA approval itself, which is causing unwanted problems.
The land has been in the possession of A's buyer unhindered for 35 years now.
Asked 8 months ago in Property Law from Chennai, Tamil Nadu
1) since courts have passed order in A favour regarding fraudulent sale of plots by B then A and purchasers of land from A should file suit against those buyers to set aside pattas granted in their favour
2) also in said suit seek orders to set aside MMDA approval for public park site
3) the fact that A buyers have been in possession of land for past 35 years would be taken into consideration by court while passing orders
1. You shall have to file a declaratory suit praying for declaration that B has fraudulently obtained approvals from MMDA and based on the said illegal approval, B's buyer are illegally obtaining Pattas from the Tehshilder.
2. In the said suit, you should also pray for a direction upon the MMDA to cancel/withdraw the said approval given to B and send the letter of such withdrawal of approval to local Tehshilder and also a direction upon the Tehshilder to cancel the Pattas already allotted by him based on the approval of MMDA managed to be obtained by B based on bogus documents.
3. The above step will automatically make the buyers of plots from A as bonafied buyers
1. If the courts have restrained B through injunction or cancelled the sale deed executed by B in favour of buyers then the buyers cannot claim title under the cancelled sale deed. It is not clear though from your query as to whether it was a suit for injunction or cancellation of sale deed which was filed by and decreed in favour of A.
2. Mere injunction in favour of A will not result in cancellation of the sale deeds executed by A. A suit for cancellation of sale deed is required to be filed by A. Once the sale deeds are cancelled the patta will also go.
3. The suit which was filed and decreed by the courts in favour of A has to be perused along with judgments to advise.
If the case was decreed in favor of A by all the three courts, then A has to initite the process for filing execution petition to execute the decree and judgment.
Without execution petition no concrete action can be initiated agaisnt B and his purchasers.
For cancellation of patta, a written representation to be given to Tahsildar, let him deny it in writing then you can initiate a case against the Tahsildar by filing a civil suit seeking to declare your property and also for cancellation of patta.