i need some more clarifications.
Querist :
Anonymous
(Querist) 16 November 2011
This query is : Resolved
Sir,
I am in the possession of 12 Acres of land for which I have a valid document for 10 acres. The rest of 2 acres of land is in my un-authorized occupation since 13 years.
Now some body is claiming the said 2 acres, stating that he has an un-registered Sale deed which was executed by the GPA holder of the actual owner of the said land, in the year 2002..
I came to know that the other party has obtained an-un-registered Sale Deed on an old dated stamp paper (2002) and he got obtained a signature of the GPA holder on the above stamp paper in the year 2010 and duly validated the said sale deed after paying the necessary fees and penalty, as the actual owner died 2 years back.
Can I ask the court to send this document to Forensic Lab, in case if he files a civil suit against me for the recovery of the above said two acres, to verify whether the signature of the GPA holder was not signed in the year 2002, by identifying the ink etc., and it is sure that the signature of the GPA holder was made in the year 2010, after the death of actual owner?
Kiran Kumar
(Expert) 16 November 2011
the point you are raising is a matter of evidence and such steps depend upon the pleadings given by the parties.
otherwise, an un-registered sale deed will not confer title upon the said person.
Raj Kumar Makkad
(Expert) 16 November 2011
Unregistered sale-deed is not recognised in law. If civil suit is filed by opposite party then you shall have all grounds to challenge it. I suggest you to file a civil suit for declaration to the effect that your possession over 2 acres has become your ownership on the basis of adverse possession against true owner after lapse of 12 years so defeat coming dispute for all. tttttttttttttttttttttttttttttttttt
prabhakar singh
(Expert) 16 November 2011
If you have challenged the document as forged one and ante dated impersonation you can by application pray the court as desired.
You state you have been in possession on these 02 acres of land from over 13 years then if you success fully prove this fact before the court,the suit shall be held time barred.
But the question is that it is an agricultural land, then have you got partals recorded in your favor in all these back 13 years prior to dispute in your favor or you are just stating it orally.KHASARA RECORDS IF CONTINUOUSLY IN YOUR FAVOR FOR OVER 12 YEARS BEFORE EMERGENCE OF DISPUTE MAY CONSTITUTE ADVERSE POSSESSION TITLE IN YOUR FAVOR.OTHERWISE SHOWING HOSTILE POSSESSION
TO THE KNOWLEDGE OF THE OWNER SIMPLY BY ORAL EVIDENCE WOULD BE A VERY HARD NUT TO CRACK MORE ESPECIALY ON AN AGRICULTURAL LAND.
Rajeev Kumar
(Expert) 16 November 2011
I do agree with above experts and no room left to add more
Rajeev Kumar
(Expert) 16 November 2011
I do agree with above experts and no room left to add more
Raj Kumar Makkad
(Expert) 16 November 2011
If your possession is shown even in revenue record then it shall add to colours whereas it can also be proved by way or evidence.
Querist :
Anonymous
(Querist) 18 November 2011
Sir,
Thanx to all the respected experts.
Guest
(Expert) 18 November 2011
If you think and are sure that the other party has obtained an-un-registered Sale Deed on an old dated stamp paper (2002), better ask him to claim the land through court of law. You may prove his claim as false.
Also check the amount of stamp papers used for sale deed and verify with the rate of fee applicable in the state during the year 2002.
Querist :
Anonymous
(Querist) 21 November 2011
Thanx
mr.Dhingra ji.
Guest
(Expert) 05 December 2011
You are welcome dear.
