My uncle bought a plot from X & Y, 2 years ago. We checked EC and hired a local Advocate to see whether there is mishap in legal documents (parent documents). After everything is clear only, we bought it. Owners assured us to help in getting us patta on our name. Owners were selling lot of plots (nearly 30) in the same area. Advocate also said we can patta after registration also. Nearly a yearly ago, we applied for Patta and surveyor also surveyed the plot but we are yet to receive the patta.
Now to get layout approval (owners told then, they will help in getting this documents), we asked the owners to give it. A couple of days later, my uncle was told by owners that there is small problem in the plot we own. They were saying that the next plot (vast land) was registered with same survey number (plot number 50). So, there is conflict.
Owners are saying, " We will cancel this registration and re-register with different Survey number like 1A (with same 1350 Sq.ft area but surveyed again to get new No.). We will bear the cost of re-registration and everything. "
Uncle was very upset and unhappy with this. He said to owners that they can keep the plot themselves and give us our money back. No need to re-register and I will agree to cancel the registration.
But owners said, "they don't have that much money. Since we knew you well (distant relatives), we are offering to help. Otherwise I will wash my hands off."
I have been told all this and I will be going along with my uncle today. I have some double and need help before I can speak to them with confidence.
1) How can same plot be registered twice?
2) When applied for patta also, govt. official told nothing, came & surveyed the area. But we are still trying to get Patta. If there is conflict, how can they accept the application & come to survey?
3) What should I do? My uncle is really unhappy and he is not sure whether re-registration will solve anything. He wants to get rid off the plot & get the money back. Can I sue the owners for fraud? will the case hold in court without patta? But we applied for patta & had our land surveyed also right? will it be considered?
Please suggest us any way and provide advice on this issue