Can we confuse court with sale deed?
krishna
(Querist) 18 February 2019
This query is : Resolved
My father is cultivating 2 acres land in village.
2 acres belongs to 2 brothers.
As per survey settlement record 1954
sy no 44. Is 12 acres.
It is sub divided into 44-1. 4 acres and 44-2. 8 acres
44-2 belongs to 4 persons. A,B, share is 6 acres. C,D share is 2 acres.
Persons C has 2 sons. One is D and another one is E.
After that survey settlement records updated in 1967.
44-1 is sub divided into 44-1,2,3,4.
44-2 is sub divided into 44-5,6,7,8,9,10.
In this record 44-10 is recorded in the name of E son of C with 1 acre and another 1 acre of D wrongly entered as F ( no relation with any person).
My father purchased 1 acre land from D in 1974. In that sale deed old sy no 44-2 is entered and written as out of 8 acres 1 acre land is owned by D is sold to my father.
At that time no online system is there.
Now after online system, F name is entered in computer records. We sold 1 acre property to some person and at the time of registration we gave 3 lakhs money to F and F executed sale deed to some person Though we are the owners.
Land of D and Land of E are side by side each other.
E left village 30 years back and gave his land to us for cultivation. We did not have any agreement between us.
My father didn't pay any land tax till now.
Land is mutated into wife of E. They have pattadhar pass book. Title deed book and ROR-1B. But possession is with my father. We don't have any proof to prove our possession.
Wife of E came back to village and asked us to hand over possession. My father refused to give possession.
They have filed a case in civil court with intelligence that they are in possession and they have records And my father is trying to trespass their land illegally. My father received notice from court. And court gave interim injunction order to E's wife.
We have sale deed of 1 acre which is purchased from D.
In that sale deed no clarity of sub divided sy no. Old sy no is mentioned.
Can we confuse court with this sale deed that this 1 acre belongs to 44-10 1 acre part of 44-2 8 acres executed by D (brother of E.)
We are in possession.
Can we succeed in this case by confusing court with this sale deed?
Please advice.
R.K Nanda
(Expert) 18 February 2019
Contact local lawyer
kavksatyanarayana
(Expert) 18 February 2019
No. Your father purchased the land in the year 1974 from D. Enclose the copy of document (your father purchased) and request the Revenue Authorities to issue ROR-IB in the name of your father. But you cannot claim the property of E. However consult an experienced advocate who have knowledge in property disputes.
