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Mohammed Ilyas (Engineer)     14 November 2012

Litigation on revenue land

Respected Team members,
I need your legal opinion before I go ahead .
We bought revenue Land 6 sites ( 30*40) from a developer who had 1 Acre and 10 Guntas of Land , Developer sold 1 acre of land to some REDDY and he retained 10 Guntas of land . in September 2011 he sold 6 sites ( 30*40) each to all our family members and we got Khata and we paid yearly tax to Panchayat office .
I started constructing my dream house in October 2012 , took building plan approval from panchayat office .
When we started construction the Reddy people claimed Land belongs to them , he informed to stop the work immediately otherwise he will get JCB and demolish our foundations and my bore well . I went to sub registrar office and got Reddy sale deed it was clear that the property doesn’t belong to him as he claimed . when we approached the developer he suggested let the survey people come . Again the Reddy claims Land developer has come to an agreement with Reddy much before our sale deed in September 2011 and he has already taken money for 10 Guntas. Reddy is not showing the agreement .
I gathered information , all the developers in that area are doing the same practice to grab the land and sell to Reddy at higher Rate . I would like to Take Court stay order and start construction . Pls advise .


 



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 12 Replies

surjit singh (Assistant)     14 November 2012

Approach the court for a permanent injunction against the REDDY, If there is a report from the survey people enclose it with your application. Do not allow their pressure to overlap you. You have a very good case, pay all the require land revenue and other taxes as soon as it is due against your property. .

1 Like

Mohammed Ilyas (Engineer)     14 November 2012

Thanks a Lot Surjith Bhai , I have few questions.

1) Is that so easy to get a Permanent Injunction order

2) What is the cost involved in taking Injuction

3) REDDY Sale deed clearly shows the boundaries and our land is safe

4)  But REDDY claims Landlord has come to an agreement of selling the 10 Guntas 3-4 years back and he has taken money from REDDY  .

5) Landlord has officially sold and Registered the property  to us in Sept 2011,

5 A) Who will be the beneficiary will the agreement holder or registered property will have greater stake if we move to court .

5 B)  Now REDDY says i will give you out of courtesy 5 lacs , Vacate the land  and submit the Original Sale deed.

surjit singh (Assistant)     14 November 2012

My replies are

1) No it is not so easy to get permanent injunction, you will have to first get a interim injunction which I think in your case is not much difficult to convince the judge provide you have a good convincing lawyer.

2) There is no specific cost for it all its depends upon the fee of the advocate.

3) It is good for you that the REDDY land boundary is excluding your land.

4) Here REDDY claims of an agreement is of no value because at present the land belongs to you support by legal document and the record of the revenue authority also speaks of that. One cannot come one day and say that there was an agrement to sell 3-4 years back. While going for a suit for permanent injuncton make lthe developer also a PROFORMA PARTY in the case.

5) Yes it is good that it is registered property.

5A) The registered property holder has grreater stake

5B) Do not adhere to REDDY, ask him to approach the court if he wants.

1 Like

Mohammed Ilyas (Engineer)     15 November 2012

Thanks  Surjith Bhai ,

 

1)Reddy also claims the Sale deed done by us  on  Form 9 and Form 10  is going to be weak  if I approach to the court of law . He also says check your sale deed has it mentioned survey number while registering the sale deed. Will entering survey number  in sale deed will have a major impact .

2) If I Lodge a police complaint , this guy is Stinking rich he can easily convince police and the case can go in reverse gear

3)  The Developer also is not helping us , he said let the Survey guy come then you guys can construct . I challenged the developer saying when sale deed shows the boundaries why wait for anyone

4) I have decided to start the construction again of Water Tank from today onwards .. let me see who will approach . everyone suggested me to check for Reddy agreement and then decide .

surjit singh (Assistant)     16 November 2012

Yes check the REDDY agreement and try to get a copy from the aithority. Consult a good lawyer by showing him your deed as well as the deed of the REDDY.

1 Like

Mohammed Ilyas (Engineer)     16 November 2012

I have a photo copy of REDDY sale deed and his Land doenst belong to in our area, he is just doing ARM TWISTING to grab the land and have the full peice of land . I have attached a  Pic .

 

 


Attached File : 737361325 doc3.docx downloaded: 87 times

surjit singh (Assistant)     16 November 2012

Just because there is a 30 feet road on your side, REDDY wants to grab it by illegal means. Your land is at a very prime spot having 20ft road on one side and 30 ft road on other side. Hold on to you land do not hegitate to approach the court. Compell REDDY to approach the court first because the legal princple is the purden to prove is more on the person who approaches the court first, so let REDDY approach the court first.

1 Like

Lexvalorem (legal Associate)     19 November 2012

Just check the opposite party agreement and get photo copy, the you have to consult lexvalorem in bangalore

If you need more details just log on: www.lexvalorem.com

Mohammed Ilyas (Engineer)     19 November 2012

Surjith Saheb,

I started my work on Thursday 15th Nov  again , This REDDY guy came again and informed us to stop the work . This time I was fully prepared I asked him show me your Land documents  , he said I have the documents with me will show . He said don’t construct till the surveyor comes , Reddy has applied for Surveyor on Oct 9th I believe and also he said Govt offices were closed for 17 days so surveyor will take time . I said Govt had 4 holidays , you give me the Xerox copy of surveyor application I will chase . Reddy person was not comfortable and said I will get JCB and thrash everything here . I replied pls do the needful; am not worried and again  Reddy guy said I will go legal against you , I said pls do the needful . He didn’t turned to site almost 3 days  . I am sure he must be functional doing something wrong .. just waiting for him. I wanted to Understand if he takes a Injunction order from court , will they court ask both the parties to show your legal documents and they will Grant Injunction  order . Pls clarify .

surjit singh (Assistant)     19 November 2012

If they approach the court getting injunction without giving notice is a difficult task, but in case also if the court grants ad-interim injunction in that case you will get notice to reply, and during your reply if you show that every records of the governemnt authority as well as the documents available with you is prima facie correct thecourt will automatically vacate the ad-interim injuncton. But there is very less chance of getting injunction without hearing you by the court.  

1 Like

Mohammed Ilyas (Engineer)     19 November 2012

Thanks for the reply .

Reddy claims he has got into agreement with my Landlord  of taking 10 Guntas not sure which year , but we got Registered in September 2011 . Will he approach the court will the Agreement document hold any weight . Also as per your suggestion I haven’t approached Police station nor approached court .

surjit singh (Assistant)     20 November 2012

If you come across the REDDY agreement with the landlord check the following (1) Date of the agrement, (2) whether the agreemnet is registered (2) Whether there is any time limit in the agrement that within such and such period they will execute the sale deed.  If the agreement is an unregistered one REDDY will have to run a long marathon in court. Even if REDDY goes to court he will have to make the Landlord as the main defendant/respondent, becasue asuming that there was an agreemnet to sell, in that case why did the landlord sold the land to some other persons. The landlords is the person solely liable for it, you have nothing more to say in the court because you are a genuine purchaser and you have purchased the land after due consideration and after that all governemnt revenue records are accordingly mutated in your name. PAY ALL TAXES OF THE GOVERNEMNT AS WELL AS THE MUNICIPAL AUTHORITY UPTODATE. YOU ARE IN POSSESSION SO IT IS THERE PROBLEM TO APPROACH THE COURT OR THE POLICE.

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