Cheating

VIJAY RAGHAV (Querist) 07 October 2016 This query is : Resolved
Sir,

My father (he is no more) has purchased a land (near Uppal, Hyderabad) of 190 sq.yrds in 1999. When i tried to sell it recently, i found the below

1. As per approved gram panchayat (now municipality) was showing 162 Sq.yards
2. Physical land is only 153 sq.yards.

When i tried to approach the person who sold, i came to know that some part of neighbours plot is also belong to ours to make it 190 sq.yards but the same has not been mentioned in the my registered deed.

I requested that person to sign the ratification deed so that i can correct the papers now but he is not willing to do so. Can we file any criminal/civil case against him? Please suggest

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Rajendra K Goyal (Expert) 07 October 2016
You have two options:
either to forget and use / sell the land title and occupancy of which is with you.

or you can show all documents, discuss with local lawyer and file case against the seller and your neighbor to claim the land.

Kumar Doab (Expert) 07 October 2016
You must have measured before buying.

Obtain the mutation record and all link documents and show all docs to a very able counsel for a considered opinion.

The seller is liable.

Rest depends upon you.

Advocate M.Bhadra (Expert) 07 October 2016
The law is well settled that in any transaction buyer has to be cautious.If your father have purchased the property without seeing and taking measurement from the seller then it is your father's mistake.

Being a legal heir and successor you can file recovery suit against the Seller. The Sale Deed in your father's favour may contain the clause that the property is free from all the encumbrances.

R.K Nanda (Expert) 07 October 2016
Nothing to add more.

Guest (Expert) 07 October 2016
In which year mutation was made and with what measurement in the name of your father?

adv.bharat @ PUNE (Expert) 08 October 2016
Author need to explain the query raised by expert.

Ms.Usha Kapoor (Expert) 08 October 2016
Agree with experts.

malipeddi jaggarao (Expert) 08 October 2016
Whether it is approved layout or not? What record of Village Panchayat/Municipality you are quoting? For open site, only record that should be available is the Sub-Registrar's registration document and Non-encumbrance certificate. Come with full facts.