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Sushee (Sourcing Specialist)     30 July 2010

Need A Legal Advice Very Urgently

 

Hi,

I need legal suggestion very urgently for our property having dispute. Explanation as below

We purchased site recently 2009 from a registered party Mr.  C (previously he got registration from a GPA holder Mr. B in the year 2003) (Mr.  B got GPA from Mr.  A original Land owner in 1980s)

The registered party Mr. C had paid taxes regularly. While registration we applied for encumbrance certificate for 20 years and B-Khata as a result both had the party's detail perfectly.

Based on that we purchased the land.

But the dispute is this,  the other party Mr.  X has come stating that he had the first registration directly from the land owner Mr.  A 25 years back.

I need to know whether our registration has value or  Mr.  X with first registration has authority on the land.

Because We found that Mr.  X  with first registration has not paid taxes regularly so far. and also in the encumbrance certificate taken recently for 20years doesn't indicates his name any where.

Please note that he doesn't have motherdeed also with him. Only has the registration document.

In the encumbrance It states like this

1. From Land owner Mr.A to Mr. B

2. Then Mr.B to Mr.C

No where the name of Mr.X with first registration appears.

We are struggling a lot

Kindly  give us  your suggestion to overcome this problem.

I need to know whether our registration has value or  Mr.  X with first registration has authority on the land.


Thanks in advance

Sushee



Learning

 5 Replies

venkatkrishna (AGM)     30 July 2010

Ms.Sushee

To give  advise on the  limited information,   in land dipsute is  not  so easy.   There is no information,  whether  the X  is  showing any   registered doc,  tax paid receipts on his name?   Any notice is given to you? In whose  possession the land is there now ?   Before  purchsing the same , did you  get  title search through any advocate?    All such info is not there.

Based on the info given by you,  I can suggest you that ,  first  and foremost  step yo have to do  is   suit  for  perpetual injunction  against  Mr-".X.".     Immediatelly  put some one of your in the  land  Next   if his  name is not  there  in the  record  since  last  20 years,  I have a doubt that   Mr.X  is trying to  make you fool.

Once  any sale  is registered  100% it  will  appear  in encumberance  certificate.   In no way  on  one Survey No.  property,   two people canot  pay tax  as per revenue records.   You just  take an injunction  and  enjoy the  property.   Then  let him approach the court   with  proper documents.

Sushee (Sourcing Specialist)     30 July 2010

Dear Sir,

 

Thanks for your valuable reply. 

rahul mishra (owner)     15 August 2010

Hi

I purchase a property from old landlord in 1995 In this property there is tenant since 1960 rent @ rs. 140. he is not leaving my property. I am a physically handicapped person. How can I get back my property from this tenant.Is there any law for handicapped people.

Kindly advice me.

VIJAY SHAH (REAL ESTATE CONSULTANT)     26 September 2010

If  you  are  in  Maharashtra, you can ask  for  possession  for  your  own  use , under  Maharashtra Rent  Conntrol Act.If you  don't  own  any  other property for  use

Ramesh (-)     27 September 2010

Hi,

Is your problem solved? I have a similar situation, wherein someone has cropped up after 45 years!! And, for the survey numbers as per revenue records, I have encumberance certificate for 45 years, and there is no record of Mr.X !! He says he is having a sale deed, regd directly by the landlord. Lawyer's views will be appreciated.

Regards


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