Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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swetha   11 December 2015

Property concern

Hi Experts,

Need a peice of advice and information. 

From Banagalore

My Dad has brought a land in 1993  through a society and the sale deed has been registered. In the Year 2002 he expired. We were very to understand all about property so did not proceed with any papers.

This year JAN we started paying BDA tax and getting required NOC to get the Khata from BBMP as the LAND was transferred from BDA to BBMP. 

Last month Someone reached out to me telling my Dad has made a agreement before his death and has sold the LAND (which is 100% untrue) as we have many facts to prove this. He started threatning me and Abusing me. So I started to avoid this guy and started to proceed with paper works.

After giving the papers in BBMP there is someone who has raised a Caveat and a copy of it is been given in BBMP. How should this be handled?

 

Regdars

Swetha



Learning

 8 Replies


(Guest)

There are many crooks moveing around as part of land mafia.

What papers they have in the support? The agreement can be challenged  in court. They have to take initiative.You need not bother. You have possession I suppose?

What is BDA and BBMP? Exactly what docuemnts you have in possession as on date?

1 Like

B.T. RAVI (LEGAL MANAGER)     11 December 2015

A. When your father died intestate ( without execution of will) that property share goes to class I legal heirs, i.e, Mother, Wife, Children. Therefore, you can execute a registered partition between familly members or release the right in favour of any one person.

B.Thereafter, you need to submit this documents before the local authority alongwith affidavit, family tree or surviover legal heir certificate. 

C. Whether the agreement is registered or un registered? if it was unregistered, you don't worry about that agreement and what type of agreement submitted before you? whether Sale Agreement or Mortgage agreement?

D. Lodge the police complaint against him under the Section 506,420 against him.

1 Like

swetha   12 December 2015

Thank you so much for the response !!!

He has not shown any supporting documents so far and there is nothing attached in caveat as well. But he cliams that he has a agreement that my DAD sold the LAND and the date he claims is just 3 months before his death. Now it is almost 13years after his death. Is that Sale agreement valid?

But I do understand that it is not registered as the original 

-Sale Deed is with us on Dads name

-EC(upto date) is on Dads name

-Possesion certifcate

-BDA tax paid challan and NOC from BDA(Bangalore development authority)

 

We have already submitted the below to BBMP(Bhruhat Bengaluru Mahanagara Palike)

NOC from society,Family free, Affidavit to transfer on my moms name from we 2 daughthers, BDA tax paid challans, BDA NOC

Also he has raised a Caveat on my dads name!


(Guest)

Your case is very strong. Is it plotor constructed. is physicall possession with you/Then dont worry.Get boundry wall made if not done yet  and put lock on gate. Why you bother about any one?

If this guy comes or contact again, Just file a FIR in your nearest police station about black mail, forgery and creating nuisance. In your FIR mention to give prtection to plot/house too.

Original deeds AND AUTHORITY'S LETTERS etc ARE MUCH SUPERIOR DOCUMENTS TO SALEbAGREEMENT THAT CAN BE FORGED AND QUESTIONED.

Please note even if sale agreement is assumed genuine and valid, buyer cant force to part with property . Only liquidated damages as per clause in agreement are payable.

Just relax

But be alert ensure that some one does not go and occupy the property physically

1 Like

(Guest)

Also there is a validity clause in sales agreement i.e. buyer has to get sale deed done in a fixed period. If he has not the sale agreement is automatically lapsed. Normally time allowed is 3 months. if your father is dead more than 3 mon ths sale agreemnt is anyway lapsed and amoutn gven by buyer if any stans confiscated.

1 Like

swetha   12 December 2015

The Land is still vacant. Our lawyer has suggested not to go with boundary as he may go to court for stay order! We are suspecting many govt officials itself to be part of this plan. So lawyer has suggested that we will wait for 15days within which the officials have to give us khata or a written notice on why they are not able to give us khata after which will go to court. Is this correct one?? Will things really get complicated if we go with a boundary as we stay little far from the land.

(Guest)

Boundary wall making  will force down the matter on all and real picture will emerge. Sicne youn have every bthing in your custody who will stop boundary wall?


(Guest)

Snce your advcoate has alreayd given you a piece of advsie please follow it and be in touch with your advcoate. That would be best. The overall picture has been given to you above with all possibilities so you can discuss with your lawyer all aspects and be careful.


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