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SHAMSHER singh brar (ADVOCATE)     03 November 2010

urgent reply needed

My question is that-

1my grandmother purchased shares of her sisters in 1965 through regitered deed of recedential house measuring 1381yards.but she shifted to her husbands place away from the property and then nobody came to inquiire about the propertyas it was morgaged to person x

2then my father came in year 1995 to reddem the property and got it redeem.

3 then one day theft took place one day at our home and all the documents were stolen,registerde sale d,mortagae deed,etc.then my father died in 1997 and we knew nothing about the dimensions of the property.

4 thier was a 37foot breadth and 90 foot  long piece adjoining our land as part our registered sale deed ,but we did not know as we had no documents.

5 Our neighbour constructed part of thier building on the open place mentioned above which is 37 x 90.

 

NOw recently we found the copy of the registered deed of my grandmother and came to know thta our neighbour have encroached our 37 x 90 area.

 

In 1997 they gave declaration in the newspaper regarding that piece of land and gave a affidavit in the municipal committe that this is thier land and it may be trasferred in thier name and it was tranferred in thier name in 1997 FOR TAX PURPOSES

THEY HAVE NEVER GONE TO COURT TO MAKE THIER CLAIM IN COURT OVER THAT PIECE OF LAND.

 

NOW CAN WE CLAIM OWNERSHIP OVER THAT LAND AND OUST THEM.

OR THE LIMITATION HAS CROSSED AS THEY ARE IN POSSESSION SINCE 10-15 YRS

BUT THEY DONOT HAVE ANY OWNERSHIP RIGHT DOCUMENT ETC REGARDING THAT PROPERTY.

AND WE HAVE REGISTERED DOC WHICH CLEARLY SHOWS THAT WE ARE EXCLUSIVE OWNER OF THTA LAND



WHAT CAN I DO AND WHAT IS YTHE STATUS OF OUR THAT PART OF PROPERTY





Learning

 5 Replies

SHAMSHER singh brar (ADVOCATE)     03 November 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

My question is that-

1my grandmother purchased shares of her sisters in 1965 through regitered deed of recedential house measuring 1381yards.but she shifted to her husbands place away from the property and then nobody came to inquiire about the propertyas it was morgaged to person x

2then my father came in year 1995 to reddem the property and got it redeem.

3 then one day theft took place one day at our home and all the documents were stolen,registerde sale d,mortagae deed,etc.then my father died in 1997 and we knew nothing about the dimensions of the property.

4 thier was a 37foot breadth and 90 foot  long piece adjoining our land as part our registered sale deed ,but we did not know as we had no documents.

5 Our neighbour constructed part of thier building on the open place mentioned above which is 37 x 90.

 

NOw recently we found the copy of the registered deed of my grandmother and came to know thta our neighbour have encroached our 37 x 90 area.

 

In 1997 they gave declaration in the newspaper regarding that piece of land and gave a affidavit in the municipal committe that this is thier land and it may be trasferred in thier name and it was tranferred in thier name in 1997 FOR TAX PURPOSES

THEY HAVE NEVER GONE TO COURT TO MAKE THIER CLAIM IN OR FILE ANY SUIT TO ESTABLISH THIER TITLEE IN COURT OVER THAT PIECE OF LAND.

 

                                                     MY QUESTIONS 

 

NOW CAN WE CLAIM OWNERSHIP OVER THAT LAND AND OUST THEM.

OR THE LIMITATION HAS CROSSED AS THEY ARE IN POSSESSION SINCE 10-15 YRS

BUT THEY DONOT HAVE ANY OWNERSHIP RIGHT DOCUMENT ETC REGARDING THAT PROPERTY.

AND WE HAVE REGISTERED DOC WHICH CLEARLY SHOWS THAT WE ARE EXCLUSIVE OWNER OF THAT LAND



WHAT CAN I DO AND WHAT IS YTHE STATUS OF OUR THAT PART OF PROPERTY



adv. rajeev ( rajoo ) (practicing advocate)     03 November 2010

You can file a suit for declaration and injunction.  You have to bring the cause of action in the limitation period.  Contact your lawyer to know more about the limiation.

Tarun Thakur (advocate)     03 November 2010

you are saying that u have a residential house ... you have not made clear whether ur neighbourer encroached vacant area  ? how much ur title deeds show area ? have u measured ? is ur property an agricultural land ? or within lal dora ? please make it clear.

 

Mohit Attri (lawyer)     03 November 2010

limitation will start from date of knowledge of registred deed  tht is when u got the registred deed.so the best thing u hve to prove a fake story which is tht  one of my uncle told us about that speciff area which is now in possession of ur neigbr nd after tht we applied for a duplicate copy of sale deed from patwari office and now we hve a registred deed nd we r the owner.so u r limitation matter will solve easly.but in this case u have to give the expensive of construction to ur neibour or u hve to sale ur property to ur neibr.suit of eviction will take minimum 4-5 yr.

SHAMSHER singh brar (ADVOCATE)     05 November 2010

Sir,

Yes the land was under laldora,but my grandmother got the land registered by buying the share of her sisters through registered deed in year 1960.

our house is resedential area.thier was a piece of land adjoiniing the boundary wall of our house which is included in the registered deed and when we were staying away for years they encroached on that open piece of land.

the piece of land which they encroached is in the dimensions and area of the registerdeed .

as i had found that deed few days back i think that the (INTEKAL OF THE REIGISTERED DEED IS NOT DONE)

THEN IF THE INTEKAL IS NOT DONE THEN WHAT IS THE VALUE OF THAT REGISTERED DEED.

KINDLY LET ME KNOW.ITS URGENT.

 

THANKS VERY MUCH.


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