venkat (SE) 01 November 2010

Double registration. Need advice on implications

Hi, I have purchased a residential plot in the year 2002 and constructed a house immediately. Since then we are staying in that house peacefully. Recently in October 2010, we have received a legal notice from a person claiming ownership of our above plot. The legal notice claims that, Mr. Xyz has purchased the plot in the year 1972 and hence he is absolute owner of our property.

But, before I buy the plot, I have taken EC since 1970(the year in which our layout has formed) to 2002 from two Sub-Registrar offices (as during that period, our area came under two different SRO jurisdiction). Recently also I took EC for same above period and didn't find Mr.Xyz name.

Now after enquiring, I came to know that Mr.Xyz has registered our plot in some other SRO from where I haven't take that EC. Nobody knows that our area plots can be registered in any SRO during 1970's.

I want a advice from the legal experts in this forum. What can happen if Mr.Xyz files a suit against us? Can the judgement be in favour of us considering the fact we have taken EC for 30 years and constructed house and living there since 8 years.

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3 Replies

R.Ramachandran (Advocate) 01 November 2010

If the property is not to be registered in your SRO, then the SRO would have stated that no such property is in their register. The very fact that the said property is in the SRO from whom you have obtained the EC, you should not worry. Of course, if the other person files a case you have to defend it by engaging a lawyer.

niranjan (civil practice) 01 November 2010

The property is tobe registered in which it is situated. One cannot register outside that area. First of all you have to make sure that how that document was regd.in another area. Secondly find out from the local govt.offices about entry of that plot in property register. If the plot did not fall within the jurisdiction of SRO,how you can get NEC ? Ask for the copy of that document .Collect relavant evidence and then proceed.

bhagwat patil (Property due diligence 9422773303) 01 November 2010

dont worry nothing will happen. let him go to the court it will take decades together .and again provision of appeal is there .it will take decads again .Be ready with all original papers.