How. 2 retain my lawful n bonafide possession
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 14 March 2014
This query is : Resolved
SIR, I have purchased an open land admeasuring area of 42 R from 8 persons whose only name were there in the revenue record .ie. 7/12 extract in maharashtra, at d time of registering the sale deed this 8 persons have told me that they are only legal heirs of their father and except them no one is there, subject 2 that and on keeping faith on them I have purchased said property through a registered sale deed and subsequently that all the revenue records transfered in my name and till today m in possession. My grievance is this that after 2years from sale deed 3 ladies came before me saying that except those 8 person they are also legal heirs of their deceased father and now are demanding huge amount from me and threatening me, so now what are remedies available for me to retain in possession, Suit is to be filed I know that, I just wanted 2 know that whether my Sale Deed can be cancelled by court of law and if yes then under which provision and if not then how I shall be protected and under which provision
R.V.RAO
(Expert) 15 March 2014
you are holding a regd.sale deed in your name for the land purchased.
you might have checked the old sale deed and also property link documents.
hope you checked the revenue records about owners names addresses etc.. before the registration itself and then only might have got regn. completed in your name.
besides revenue records, E.C. from sro also might be checked by you.
legal notice in news papers before property purchase and registration might have been given by you/your lawyer about the proposed purchase and any claimants/any body objecting must present their claims within a fortnight etc..
in some states pahani patrika is also a land record of proof of ownership.(this may correspond to 7/12 extract in maharashtra ref.by you).
if i.) none of the above records show the names of those ladies in any of these records,
and if ii.) no body turned up with objections against the above news paper notice, courts cannot declare any body as owner other than you.you need not be worried.
some times the same people who sold lands to others also plant some new claimants to extract more money.this is common in some rural areas.
Rajendra K Goyal
(Expert) 15 March 2014
Well advised by the expert, agree to it.
However, if the ladies claiming to be the legal heirs prefer to proceed legally, defend the case on merit.
R.V.RAO
(Expert) 15 March 2014
thanks.sri rajendra goyal ji.
Surrender K Singal
(Expert) 16 March 2014
You have purchased from 8 of the legal heirs of the owner of the property without verifying if other legal heirs could be existing; Saving factor could be 7/12 extract (if real) showing only those 8 vendors; If the title was in the name of deceased father prior to transfer in your name, you needed to have verified claim of those 8 vendors being the only heirs ! Conveyance Deed might also be indemnifying you of any consequence of such eventuality
