Property rights
Parveen Syed
(Querist) 18 February 2014
This query is : Resolved
Respected all please help...
My father had purchase a land in the year 2000. That time this land was under Gram Panchayat.
There was a dispute between Municipal office and gram panchayat that land under their authority.
At the time of transfer of property the first party gives the paper of “
1)“Bhumi Vikray Vilakh (Land Sales Document) which was originally on the name of first party issued by Gram Panchayat signed by Sarpanch, Seceratery and sub Sarpanch with the map of land.
2) A Sales Agreement with Notary specifies that on this day Registry not done due to above dispute but whenever this dispute resolve the first party will come and will perform all the formalities regarding registry.
Now in the year 2013 that land comes under the Municipal office and that land auctioned by this office with a prior advertisement in local newspaper, and my father staying in another city so this adv. not seen/ read by my father.
A man gets the land in auction and then sale to another party and this party now start the construction on that land,
Everybody telling without registry our paper have not any legality.
All expert please help to get back this land……
ajay sethi
(Expert) 18 February 2014
it appears that registration was not done on account of dispute between muncipal authorities and gram panchayat . if you ar e aggrieved by auction of property you have to move court for setting aside auction of land and subsequent sale to third parties
Rajendra K Goyal
(Expert) 18 February 2014
Since the court has decided that the land belonged to Municipal Office, the sale by panchayat is not valid. You can claim back the amount paid with interest and compensation from Panchayat.
Alternately you can file suit as advised by the expert ajay sethi ji and include Panchayat as a party in the suit.
Parveen Syed
(Querist) 21 February 2014
From March 2013 to Sep2013 some of auction is cancelled, can i take some benefit in this situation?
R.V.RAO
(Expert) 24 February 2014
yes.if the cancelled auction is the one relating to your land,you can take benefit,as your original rights are restored.or else move the court to set aside the auction.
Parveen Syed
(Querist) 24 February 2014
Can I take stay from court on this matter?
if yes, under which section?
R.V.RAO
(Expert) 04 March 2014
yes
u have 2 options as said above.
if the auction got cancelled ,find out if your said property is part of cancelled auction,in which case you claim your rights as normally available to you .
but if the auction got through, then press for your rights by getting auction set aside by court and also ensure eventually no sale to any party takes place.
sorry for delay.
