Ownership of land
nisha Gupta
(Querist) 08 June 2015
This query is : Resolved
My brother has executed an agreement on Rs 100/- stamp paper for purchasing a plot for shop at Kashipur, Uttrakhand. In the influence of a mediator without asking any land document.
Later we found that the Khasra No. of the plot belongs to the Government Road(Rasta).
In Khatoni it belongs to the वर्ग 13 (ड़) as barren land with the Khata - Khewat as present owner name . (Khasra and Khatoni are attached as a zip file) OR can also be downloaded from scribd at https://www.scribd.com/doc/268013014/khasa-and-khatoni
Kindly let me know the ownership of land is correct or not. Should We proceed further for registry of land or not.
Anirudh
(Expert) 08 June 2015
If the land in question belongs to Govt Road, and the seller is not the owner of the land, then WHY WILL YOU PROCEED WITH THE PURCHASE?
Your brother has only agreed to purchase, not actually PURCHASED. Ask him to send a legal notice to the seller stating that he has come to know that the land in question is a Govt. Road and belongs to Govt., and the seller should produce non-encumbrance certificate to enable your brother to proceed with the purchase, otherwise he will not go ahead with the purchase.
In case the seller is pressurising, then lodge a police complaint against the seller stating that he is trying to dupe your brother by attempting to sell a Govt. property.
Rajendra K Goyal
(Expert) 08 June 2015
Consult local lawyer and send notice for cancellation of the agreement as the land is not free from encumbrances.
nisha Gupta
(Querist) 09 June 2015
My brother has given some amount as a security (BYANA). Land owner has refused to returned the amount. Also he is firmed that this is his land.
There are two Katoni of this land in one Khatoni it has categorized under URBAN land and in another Khatoni it has categorized under BARREN land. But In Khasara it is categorized as BARREN land वर्ग 13 (ड़).
If I filed the case it will take several years in judgement. Police will not registered the case in revenue matter directly.
What should I do???
Important point is there "OwnerShip of the land" will be finalized by Khasra Or Khatoni. Please share your input. Thanks.
Rajendra K Goyal
(Expert) 09 June 2015
You should wait for the outcome of the case filed, amicable settlement is the only shortcut.
nisha Gupta
(Querist) 09 June 2015
at present we have not filed the case , Should we file the case or Not. Please suggest. There is no chance of amicable settlement.
Kumar Doab
(Expert) 09 June 2015
make the reasonable demand to provide Non-Encumbrance Certificate.............
The revenue officials can also look in to their documents e.g. Shjra-e-Aks and demarcate.............
The seller is bound to supply cleat title of the property.
nisha Gupta
(Querist) 09 June 2015
We have filed the RTI to local revenue depatment. They have replied based on Katuni its Urban land and ownership in the name of another person. However according to Khasara its belongs to barren land(Govt. land).
Nobody has given the reply that which document will be applicable while deciding the land ownership in between Khasara and Khatuni.
Kumar Doab
(Expert) 09 June 2015
The revenue officials have to answer and they seem to have avoided.
Limited understanding is Both apply.
If there is any requirement of 'Darusti' or 'Nishandehi' then it is to be initiated by seller and completed by revenue officials.
nisha Gupta
(Querist) 11 June 2015
My question is that In any case ownership "Malikana Haq" of the land will be justifyed from Khasra OR Khatauni?
Anirudh
(Expert) 11 June 2015
How much bayana your brother gave?
nisha Gupta
(Querist) 12 June 2015
Security has given Rs 50,000/- Only. This land is non-communicable land(Sankarmaniya Bhumi) . I came to know from internet noone can not sale or purchase the non-communicable land in accordance of the "U.P. Zamindari Abolition and Land Reform Act 1950". Wheter it is correct OR not?
