Obstruction in land demarcartion
DAYASAGAR MEHER
(Querist) 29 July 2016
This query is : Resolved
That 70 decimal of land was purchased by my father from Mr. X somewhere in the year 1970 to 1985. The plot stands recorded in the Tahasil office in my father's name till date.
The plot was open as nobody outsider was in possession of land until may 2016. In may 2016 the sons of Mr. X constructed a illegal liquor shop in the said land in an area of approx. 2 decimal. As I opposed this construction, he suggested to demarcate the land.
As demarcation was carried out on 25 June 2016, it was found that the construction was made in the land recorded in my father's name. Knowing this the opposite party created severe disturbance, with the reason that, they will not allow to carry out demarcation unless and until the sell deed shown to them. They are of the argument that land sold was 65 decimal but inadvertantly recorded as 70 decimal.
Now I have lost the deed which was sold 40 to 50 years back . And also it was very difficult find out the sell deed as my father has expired, and I don't know the sell deed number and exact year of sell. So I told the opposite party that I can't provide the sell deed to them.
Knowing this they said that they will not carry out demarcation under any cost, and if I carry out consequences will be severe. As I approached the local police they are saying that they cannot take any action against opposite party, under current situation except to file criminal case against opposite party. The police has also refused to arrest the opposite party and to forcibly carry out demarcation.
Now I have doubt that if I will file criminal case, then it will take a long time to resolve.
is there any method that I can carry out demarcation and construct boundary as early as possible, as I have planned to construct a rice mill in that area. If the case will be delayed then it will have much financial loss to me.
How to remove the illegal liquor shop constructed in my area.
What if the land actually was sold 65 decimal but recorded in the office as 70 decimal. Shall have I to leave the 5 decimal, as I am paying the water tax of 70 decimal long since 40 years.
I am having the ror for 70 decimal recorded in my father's name as proof of title
Kumar Doab
(Expert) 30 July 2016
You can obtain the certified copy of sale deed, mutation record, link documents from SRO.
Rajendra K Goyal
(Expert) 30 July 2016
Get certified copies of sale deed from Sub registrar office. Take help of local lawyer.
From old record of tehsil / mutation the details of sale deed can be ascertained.
Rajendra K Goyal
(Expert) 30 July 2016
Get certified copies of sale deed from Sub registrar office. Take help of local lawyer.
From old record of tehsil / mutation the details of sale deed can be ascertained.
Dr J C Vashista
(Expert) 31 July 2016
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DAYASAGAR MEHER
(Querist) 05 August 2016
ok, sir Dr J C Vashista.
Here is the simple presentation,
That a plot of area of 70 decimal stands recorded in my father's name, which he has purchased around 40 years back. My father has expired. I have lost the sell deed.
The opposite party from whom the plot was purchased, are obstructing the demarcation (even though the plot stands recorded in my father's name).
My questions are:
1. Is there any necessity of sell deed, as I am already having prood of title (patta is available).
2. Can there be any legal action taken against opposite party for obstructing demarcation and trying to disturb the possession and under which section of law.
3.What if police refuses to arrest/take action against opposite party.
