Land bought in bangaluru in litigation now
Felix Menezes
(Querist) 24 August 2015
This query is : Resolved
Dear Sir,
I bought a piece of land measuring 1575 sq ft in Bangalore from original owner. Copies of documents were verified by a nominated lawyer prior to buying and he said title is clear and marketable. All family members singed the sale deed. It was bought in Oct 2013. The seller could not fence the plot as he had some trespass work. When I went down this time to see the plot, it was found that someone else has encroached half of it claiming it is his. This is suppose to be 1st original sellers plots which he has sold in 30 x 40 pieces and there are several plots like that. Now we came to know that there are 3 legal buyers of my plot.
I spoke to the seller (original owner) and asked him to buy back the plot which he verbally agreed. I have not told him that there are other's who claim that it is their property, however, he knows that my plot has been encroached. I'm sure he is aware of his misdeeds probably.
I have B katha in my name.
I have tax receipts paid till 2015-2016 in my name.
I have EC from 1962 to 2007 in owners name and there after in my name.
Can you please suggest on the following:
- Is it a good idea and legal to sell back to original seller and get it registered in his name with all family members who were present when they sold me?
2) Will there be any legal implications later on?
3) I paid through NRE cheques. If he buys back, he will pay in Saving bank ordinary account. Will there be any problems
4) Do you think it is worthwhile to file a legal case as i'm working in the gulf and can't afford to travel every now and then?
Please suggest what should I do.
kind regards
Felix
Guest
(Expert) 24 August 2015
Dont you have Good and Trust worthy friends In Bengaluru.Request Them To apply For EC Till Date.You Could File Complaint Regarding The Encroachment To Land Grabbing Cells,Police Commissioner And Concerned Police Station,Collector,Revenue Dept Etc By Post It Self .In Complaint You should Include the Seller/Ex Owner As also A Party.If you Decide to Sell It Back To The Seller You Would be the Looser And Prices In Bengaluru had Hiked to the Level of Un Imaginable.
Guest
(Expert) 24 August 2015
Sorting Out the Land Grabbing Or Encroachment Is Not A Big Issue Now a Days.In Hyderabad Banjara Hills One of the Ex CM's Relatives had Encroached and Constructed A Mall in A Lady's Land.The Lady was Threatened and Chased Away.But She Went To Court and successfully Got the Demolition Order.Your Case would be More Simple Than That With In First Three Hearings the Court would appoint An Advocate Commissioner who With the Assistance Of Surveyors in Revenue Dept Would Conduct the Survey And would Measure the Land Of Yours and Would Submit the Status Report to the Court And Court would Issue Orders Accordingly.At Least Once you Receive It Dont be Again Relaxed But Organise To Construct A compound Wall Immediately with your Name Board.
Felix Menezes
(Querist) 24 August 2015
Dear Sir,
thanks for your response which is much appreciated.
I have some more questions.
1)Can court proceedings be handled by my friend as i'm working in the gulf. I can give GPA to him.
2) Also I was told that B Katha is not a document to validate claim of my property. Is this true?
3) Is there any issue in getting the property sold back to the original seller as I don't want to get into legal issues.
4) Can I file my case through Consumer court and RTI act. Can you advise how to go about going through these channels?
kind regards
Felix
regards
Felix
Guest
(Expert) 24 August 2015
1) B Khatha is Valid Only for 5 Years and Mainly for Remittance of Taxes 2) If you are not Worried about Market Value You Could decide the Way You want 3) If required Your Friend could be the Power of Attorney to handle The issues 4) Case to be Filed in Relevant Court and Not In Consumer and RTI would Not Serve any Purpose
Rajendra K Goyal
(Expert) 25 August 2015
If you wish you can give your POA to your friend. Your lawyer can also look after your interest.
You can sell back the land to owner, you can mention the fact of defect in title in the sale deed.
You are selling the property, capital gains / TDS would be applicable as per law. Consult local tax consultant.
You may send the proceed to your account in gulf. Refer the matter to your Banker.
R.K Nanda
(Expert) 25 August 2015
no more to add.
P. Venu
(Expert) 25 August 2015
What is meant by "B Khatha"? To my knowledge, the land is Government land and you or the seller has possession, not the occupation.
