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Property Issue !!! Please Help Me Experts

Querist : Anonymous (Querist) 06 July 2011 This query is : Resolved 
Dear Experts,

My step-father is a Land Lord, he holds a big amount of land around 114 acres (101 Acres + 13 Acres) since past 40 years The matter of this 101 acre case is pending in SC. Intially he purchased the Land (101 Acress) for Quarry purpose, as there was no access to the Quary Land he took the adjoining lands on rental basis (13 Acres).
Dad, entered into partnership, one of his partner purchased the rented land from the original Owner. After few months/ year, they had a dispute and a consent term was executed so my step-father gave him certain area of land in the neighbourhood and in return the Purchaser (Partner) gave him the purchased rented land alongwith the POA (only notarised and not registered). So this way my dad became the owner of the rented land. At that time ULC act was in force in which a person can hold certain amount of land in his name. So in order to skip this Act he entered the land lord’s name on 7/12 extract in trust and the business was running smoothly.

Last year, then owners of the land sold that same piece of land to third party (builder) without any knowledge of my father, they took advantage of the 7/12 as the actual owners name was on 7/12. Somehow we got the documents from Tehsil and Talathi and we came to know that the third party purchased it with a very small amount and submitted fake documents like Power of Attorney etc. etc. in the Government department. Since past 40 years - till date, my dad is in possession of that property and yet the builder hasn’t approached us for possession or may be he is intending to do so. Through some reliable sources we’ve come to know that the Third party (Builder) is in process to getting IOD & CC from BMC. Few days back, the builder published the a Public Notice stating that he is the owner of the land and he has the conveyance and several other registered documents but till date we are in possession.

My question is:

1. How can we get our name entered on 7/12 and in the books of revenue records?
2. Should we file Civil Suit or Criminal Suit against the previous land owner and the builder as now the builder has declared it in Public Notice?
3. How can we prove that we are the owner of the land as still the land is in our possession?
4. What are the options available to safeguard our property from the encroachers?
5. Can we claim the property under Adverse Possession?

6. Shall we issue a Public Notice stating that we are in legal possession?

I just want to protect his land and request you all the experts to give your best advice in this matter. Your advice will be very highly appreciated.

Your Advice Seeker.
adv. rajeev ( rajoo ) (Expert) 06 July 2011
Only on the basis of POA any person cannot get ownership over the any property.
Land cannot be given on rent, if it is an agrl., land.
Only you can claim adverse possession over that property.
n.k.sarin (Expert) 06 July 2011
yes you can file a suit for adverse possession if you can prove your continue possession by documentary evidence or other evidence and can also get injunction from the court restraining the said builder not to enter in the disputed land forcefully.you can also issue a public notice that you are the owner and legally in possession of the land.
Advocate Rajkumarlaxman (Expert) 06 July 2011
See although his name is entered doesnt mean that he is the owner. you file a civil suit for injunction on the documents and possession of the property pray for interim injunction and file also criminal case against the persons who tarnsfered the prpoerty without your consent. all the details of the docuemnsts are required you can the tif of bmp files of the docs we will awlays help you. you can we consult on 9167004496/9323690563
Querist : Anonymous (Querist) 06 July 2011
@ adv. rajeev ( rajoo ) @ n.k.sarin @ Advocate Rajkumarlaxman

Thank you so much EXPERTS for your valuable advice.

@ adv. rajeev ( rajoo )-

Sorry i forgot to mention that, We do have the Agreement of Sale held between the retired partner and the original owners, but that too only Notarized and not registered. And the POA given to my dad by the retired partner.

@ n.k.sarin:

We do have the photographs of the structures/ machineries on our site in order to prove our possession. Shall we go for CCTV Recordings, will that be accepted by the Court in order to prove our continuous possession?

@ Advocate Rajkumarlaxman :

Should we file a criminal case against the builder as well? Coz... that builder might have lured the original owners. I have checked the builder's agreement with the original owners, I saw that the signatures are bit different from the previous agreement of sale between the retired partner and the original owner? Shall I go for Signature verification? will that be helpful?
n.k.sarin (Expert) 07 July 2011
yae you can go for cctv recording or photographs with negative is helpful to prove your continue possession


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