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divya   02 April 2016

Possession land and registered lands are different

Hi,
My dad purchased a land of 1.10 acres. While registeration we didn't verify survery number. From the day of registration we are using this land for farming (From last 10 years)(Survery Number 67). But the land which is in registration documents is different(survery number 65), where as that land is using by someonce else. So finally what ever we are using for farming is not registered in documents. All passbooks, pahani, borewell approvals are on 65 survey number but we are in 67 survery number. Now the Sellers, who sold us the land earlier, again sold our current possession land with correct survey number to another person ( With Survery number 67). This new person is asking for possession of 67 survey number land, which we are currently farming now. We want to proceed legally on this. We went to tahasildar office and asked for survey and possession certificate by doing enquiry in the village. But tahasildar is not accepting at all to do survey. We are really worried about this, we are poor formers and don't know how to proceed on this. Is there any way that we can get correction in registration docs about survey number. What we need to do for this? Please please help us.....



Learning

 12 Replies


(Guest)

1) Please specify your State 

2) It seems seller is crocked person not straight , it was done with wrong intention. Else he would maintain silence and if at all problem arise you all would have signed Rectificaton deed made all errors straight in it and all ok. It seems that person have intentionally done mischief the way things are looking at this stage. Else Like Gentlement once he sold land he would never sell the same  land again to anyone and do fraud etc. 

3) Whether your Sale Deed of Land was duly registered with registrar and whether proper stamp duty paid ? 

4) Who is in Posssession of Survery No. 65 . What are his rights on it. Whether there was any other deed ,etc. done with him . What is his rights on Survey No. 65 . Try to get Land Record of it and tell me.

5) See I will be clear your documents have to be examined to understand what other mischief this person have done if any. Whether Site Plan was attached. Whether Site Plan or Measurement extract was of Govt /Private .So documents examination is required. Then only person can guide you

6) Here problem is that in public forum such documents posting may not be safe . Additionally You have not seen me nor I have seen documents. So we have limitation to guide you. So under circumstances you may need to think and decide whether to talk personally or show documents on some other way like Whats APP etc. and then further thing can be told about it.

7) Most imp. thing as per Constitution of India , Land Revenue is State subject , Additionally their are various abolition etc. laws affecting Land So I can try to guide you but , I will have limitation of state law if it is not Maharashtra.
 

8) So if it is Maharashtra or Documents in Hindi /Marathi/English I can help if you contact me . If out of Maharashtra the document is in above language then I can try to understand it and guide 30-40% and then take help of Local Advocate who is good in land laws of your state. 

Please revert back after thinking 

 

 


(Guest)
Hello Divya,Do specify the State in which ur property is situated.And secondly u dnt worry bcoz Possession has great value in the eye of law.Fr further legal assistance do Mail: juristybcreddy@gmail.com /#9959850723

(Guest)
If u hails from Telangana/Aap do revert back madam...Regrds ..BALACHANDER REDDY,ADVOCATE

divya   02 April 2016

Hi Madhu and Balachander, thank you so much for the valuable replies. We are from Telangana state, Ranga Reddy Dist.

Here is the answer:

3) Whether your Sale Deed of Land was duly registered with registrar and whether proper stamp duty paid ?  Yes it is signed and registered in registrar office. Stamp duty also paid.

 

Balachander sir, we have in possession from last 10 years. But apart from village people vitness we don't have any proof on that. we digged a borewell(Not tried for permission at that time) in that farm and doing farming from last 10 years. But all the record has been with Survey number 65. but our current possession land is in 67. How strong is this?

 

Here one more thing, the person who sold us the land have 2 brothers and they were also pattadar for survey number 67, but we got resitration from only one person at that time that to wrong survey number(65). We thought the entire land is on one person only. But from last 10 years we were in possession for all the land of 3 brothers. Later when we came to now about this we sttled by giving some money to remaining 2 brothers, but it is not written anywhere. They took money and again registered to another person without our intimation ( Including 1st person who sold us the land). 

I'll be waiting for your reply sir.

Many thanks,

Divya

 


(Guest)

1) I presume you are Hindu ---- I think you are victim some whare of confusion between HUF and non HUF and this lead to severe complication.

2) Land records where not checked properly nor updated. Only registered document under registration act is not sufficient you need to update land records to and that is imp.

------------------------------------------------------------------------------------------------------

I prefer (Although document not seen, and may be not in language i can read so i feel with limitation i suggest and give random idea)
 

1) Claim adverse possession of Land which you have in possession That survey no. claim adverse possession. Against all people of that family every member should be made party to suit , additionally made new buyers also party , also make that whole buyer family party

2) Land which you have as per record or documents ---- Check the person who have possession and under which law and what documents he has. Local advocate can help . And put tresspass case against him, claim you are owner of that land and he is in illegal possession . Here also make all party , Previous owners HUF, you people, Person who is occupying that property his entire HUF

3) So you calim two land , 1)Which is in possession 2) Which you are there as per record 

4) Regarding evidence creation local advocate can help you , because i don't know various proof which can be locally created. DO this with severe backing of evidence

5) Take Steps now within 3-4 months (See there is Limitation act after specific time dispute can not be taken that is after 3 years etc. Duration changes as per type of suit. So try to claim both land, other land you show he did encrochment now recently only)

6) When all lands are in legal dispute , give them option orally for settlement. In Court give application for alternate dispute resolution and tell we are ready to settle but we require land , this or that and as per money paid we require that area. 

7) If nothing works out as per point 6 then try to best of your ability claiming both land. Second land due to limitation act may have problem but still try . Some time you too need to be crooked . Claim more land

8) Court fee you have to pay , that is expenditure apart from good land lawyers fee., But under Civil Procedure Code Sec.149 Court have power to allow you to pay fees at latter stage , or extreme hardship wave it , and if it feel the case is geniuene etc 

9) Keep all optioin open for settlement. 

10) Tell him to do rectification deed (Proper rectification to your original sale ded) . Do Cancellation Deed with new person whom he sold land. Correct all Land Records etc.

11) This all require good land related Advocate available locally . Jurdisction of Court wil be civil court which is close to suit land 

 

 

divya   02 April 2016

Thank you so much madhu for such a detailed reply.

As per your suggestion we will definitly file 2 cases against them. 

 

Thanks,

Udayasri

divya   02 April 2016

Hi Madhu,

To File a case under Adverse Possession law, What documents we need to submit. Like i mentioned earlier, except local villagers witnesss we don't have any proof of possessing of the land. We digged a borewell and ding farming in that. 

We requested Our MRO to do punchanama, but he is not agreeing. We are requesting him from last 6 months. But he is not allowing. How to get it done?

Do we need any proofs to file a case under this law?

 

Thanks,

Divya


(Guest)

Bit rectification for error which I posted in previous message. I used word tresspass. See Tresspass is in IPC 441 sec. I feel you should not use IPC and Criminal Procedure Code.

In simple language avoid criminal case , reason is that criminal case can not be compromised , then lie on oath etc. which is not good and not fair. Additionally I believe Criminal matter or Police matter should be restricited where there are bodily or physical or abusive (extreme) level matter only. It should not be used in civil matter because our ultimate goals are not achieved. In Criminal matter Court fee is not there so many prefer that but my experience is that Police Dept. is incompetent for such matters, they can understand language that fight has taken place , physical injury etc. but reading civil law understanding land civil dispute is beyond their capcity and even to some to extent to officer level. So as far as possible avoid Criminal matter. Move towars only Civil suit etc. 

Advantage of Civil Suit is that you can compromise by even telling Judge that two parties are willing to compromise and settle the matter within the frame work of law. And they are allowed legally. Some time you can even apply for non co-operative person that court should direct other party to personally talk and try if matter can be settled personally within the scope of law peacefully.

So under circumstances don't move for criminal side move only civil Side.

Regarding your query 
---------------------------------------------

Try to make good raport in public with good reliable witness whose identity should be secret that you are going to produce them in court in future to prove that you are in possession of land for 10 years. Try person with whom your family have good relationship but not your close relative to depose in front of Judge at suitable time. But keep identity at this secret. Witness turns hostile .At latter stage if they don't come you can ask for court to issue Witness summons and they all have to come else they are trouble . MIn. 3 different witness (2 are required but 1 or 2 extra try to keep as reserved under cruicial circumstances)

Court requires lot of evidence so more evidence better case .

I feel in comming days approach local lawyer and do revert back ,


(Guest)

Some one appearing in court and giving witness can do your case strong. But remeber Getting witness in court depose the way you want , without them getting Hostile , is very difficult thing, You need to be lot secretive till evidence stage comes . Some where in dealing with case I really feel our law or Procedure are such that , opp. party can easily break witness and this has actually resulted in acquitial of various criminals. 

So apart from personal witness , I give more importance for witness which can not turn hostile , like documents , physical thing which can not be changed but can be proved , but in your case how to prove you constructed bore well etc. is bit new thing for me since you don't have documents of taking permission etc.

Myself from city so no touch with agriculture sector properly but anything for making borewell if you have purchase any receipt etc. can help , additionally any receipt of things you have purchased for agriculture things , may be seed, fertilizer etc. (Honestly only read this words , in reality never saw) 

Whether you can show that your crop was transfered from your possession on land to some one and who can tell you have seen them cutting crop and transfering from that land to market.

See this agriculture sector is new for any person from city. So we too are learning how to prove such kind of cased in court. 

We too get opportunity to learn from you all

 

divya   03 April 2016

Hi Madhu,

Thank you so much for so many valuable points. These will really help me alot.

We are trying to approaching our local loyer who is good in handling civil cases.

Yah that is true will keep witness secret. But i think we have to mention witness name in pitission, in that case how it will secret?

And one more thing how to get punchanama of land from local MRO. i don't know what pressure he have from other party, he is not doing punchanama !! If he do punchanama, in that way we can document witness as 10 years farming.

 

Thanks,

divya

 


(Guest)

In Petition (It is called Plaint proper word ) , Proper rule is you should tell griveances , relief sought and specific technical things like limitation , jursdiction , court fee 

Evidence are not mentioned at this stage , and should not be mentioned specally oral , Documents can be submitted with list of documents filled (attaching zerox) because document can not be changed. 

I correct again , instead of filling two different suit , file one suit with multiple relief against different parties . More suit make more complication and Judge also understand whole issue properly after going through it and chances of no contradictiory orders.

Whenever you file suit , it should be all issues of that land or problem taken together in one suit so after this suit all are sorted out

After filling suit you should take injunction so further complication don't take place etc

Since gave lot of input etc. If you don't mind in future before filling Plaint , you may show me ,for curosity sake so i can give further input . Since this is public forum so Plaint you show via whats app, Email .

So I can give further input.

Code of Civil Procedure 1908 is all over India except some tribal area. So Procedure I can easily tell sitting in Mahrashtra . And also if your Advocate are not taking steps properly. 

In this legal field I observe one sad thing, Most adv. create wasted interest in case to increase time of the case without achieving goal set by client or client interest and thus get more fees for many days. If things are done properly , this civil case can be sorted in 1 -3 years , but if you get wrong person it can reach 30 years too. Sad but truth. 

 


(Guest)

Panchanama is no use, Witness has to depose in front of Court /Commission appointed by Court. 
Don't waste time in it 


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