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What action can taken

(Querist) 26 August 2015 This query is : Resolved 
if someone has sold more land like 12 beega (in record mutation done) while he has only 10 beega in his title(ror).
dear sir, what action can be taken in this regard.
M/s. Y-not legal services (Expert) 27 August 2015
no one can sale any property without rights. so both parties can enter in to a rectification deed.

unless that sale deed would become invalid.
Rajeev (Querist) 27 August 2015
dear sir,
they have done it in ROR they have only 10 beega but he has sold 12 beega by polling this was also muteted by the lekhpal.

now what can be done , where should we apply
Rajeev (Querist) 27 August 2015
is it become legal now because mutation has been done by the lekhpal ?
Rajeev (Querist) 27 August 2015
any suggestion sir
M/s. Y-not legal services (Expert) 27 August 2015
no sir., even though mutation also in favor to you, unless both parites entered in to rectification deed, the sale is challengeable before court of law.
M/s. Y-not legal services (Expert) 27 August 2015
the seller had title for only 10 beega mean then what is the ground to sale 12 beega?
Rajeev (Querist) 27 August 2015
sir this plot is not mine it is in the my left side of my plot but this plot owner is encroching my side saying my land is less.

i told him that your owner soled you wrong deal but he said you fight with him because he has told me that my land is here.
now can i challenge this sale deed in court or not.
Rajeev (Querist) 27 August 2015
can i lodge FIR against owner of this land or simply go court and file case for cancellation of this registration deed
Guest (Expert) 27 August 2015
Mr. Rajeev,

Since you are not the party to the sale, you cannot take action against the seller. The matter is between the seller and the buyer.

In fact your quetion is quite vague and misdirected towards sale of land between the third parties instead of encroachment of your land. But you have not stated who is encroaching upon your land and what type of action you have taken to avoid encroachment. You are not expected to be a silent spectator than putting resistance, if land has actuall been encroached by anyone.


Rajeev (Querist) 27 August 2015
thank you sir, actually there is two big adjacently plot of each 10 beega(plot A, plot B) , khasra no are different, owner is different.
In both 10 beega plloting has been done. I have one plot in plotting A and the other person(with whom my dispute) have plot in Plotting B . this person encroaching to my plot and he has broken my boundary saying that my owner told me that my land is falls here. then I collect all paper and found the matter that this person is cheated by his owner(sold more land than his for) but he encroaching my side instead of fighting with his owner. i go to plotting B. owner and ask to settle the matter but he refuse and said i have sold it year back now i have no more concern with this , now what would I do?
Rajeev (Querist) 27 August 2015
some time I think that they have mutual understanding and they are doing all. such thing knowingly
seshadri dubey (Expert) 30 August 2015
you can not file fir
u file a case befor e thr civil court praying for an injunction through a good lawyer.
Sudhir Kumar, Advocate Online (Expert) 01 September 2015
inspite of author trying to confuse but has been replied suitably.


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