land encroachment

Querist : Anonymous (Querist) 27 October 2022 This query is : Resolved
Hello lawyers the plot I live in was purchased along with a colleague who sold it last year. Now the new residents are asking us for NOC but my mother refused as we dont know of their income source.
So they came at our house and threatened my mother saying they would demolish a part of our house and they are claiming that we have encorached the land. The wall is not built yet and we have only made a temporary boundary of barbed wires they are refusing the intervention of revenue department. Also their sale deed is in the name of another (father)and 7/12 in the name of another (the son and one other person) is it possible in maharashtra. What should we do?

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kavksatyanarayana (Expert) 27 October 2022
Is the residence purchased by your mother and your colleague jointly? If so without your mother's signature how did he sell the plot? Did he sell his 1/2 portion without your consent?

Querist : Anonymous (Querist) 27 October 2022
Yes he sold 1/2 without our consent ....... and the names on his sale deed is chamnasingh and on the 7/12 was first chamansingh now its khandelwal and devisingh...... can a sale deed be in the name of one and 7/12 in the name of the other he pressuri,zed my mom for NOC is the sale deed valid without my moms consent

Querist : Anonymous (Querist) 27 October 2022
Can we cut the plot and get a separate 7/12 now and slipt the plot

P. Venu (Expert) 01 November 2022
Best option is to approach the court for partition of the property.

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