Dhakil kharij hasn't been done yet
Newton
(Querist) 08 April 2013
This query is : Resolved
We bought a property in Uttar Pradesh,12 years back from a SC with a full agreement and with full payment. On that land we have build a house and get registered with Nagar Nigam and started paying tax since 1999.
1.Is there any danger with our property?
2.Can any one with any sort of fake evidences can capture our property?
3. And what is the process of doing Dhakil Kharij if its more than 12 years since we have bought this property.
prabhakar singh
(Expert) 08 April 2013
1.So far danger is concerned it goes with even clean properties.
2.Who knows except GOD?
3.even if your sale is registered one ,the same is void ab initio because mandatory permission required prior to transaction was avoided.Going for Dakhil kharij would prove dangerous.The property has taken change of use,get it marked as abadi in revenue records,but not by your application,rather on lekhpal's report.
Have you constructed over all plot bought after raising boundary wall?
The only problem with you about this property is that you do not have title though you have possession but your entry
is by consent of owner.
Hence you do not have marketable title.
The only prescription is that if your vendor is still cordial with you then let a suit be filed by him for demolition and injunction against you after getting the revenue record marked as abadi.Appear after service,let a survey map be prepared by court commissioner showing all the constructions you have raised,file your Ws,let issues be framed and then let plaintiff be absent to get suit dismissed under order 9 rule 9 of C.P.C. followed by dismissal of a time barred restoration .Doing this way you may protect your possession against others(third persons as well as any future litigation with heirs of the vendor).Getting it recorded abadi in revenue records shall keep you out of clutches of state/revenue department.
If not possible keep mum and let time pass.
Newton
(Querist) 08 April 2013
Thank you very much sir for your prompt reply.
It was we who build the boundary walls and started the construction.
This area comes under abadi as many has my neighbors has done dakhil kharij.
Newton
(Querist) 08 April 2013
the problem is many of the people knows that the dakhil kharij of this property is not done and they are interested in buying this property.
prabhakar singh
(Expert) 08 April 2013
Unless it is marked as abadi in revenue records,it would always be an open controversy.
I would still not suggest you to go for dakhil kharij for which they would ask for a registered sale deed from owner,even if you have one the same is bad one,then it would be an "aa bail muzhe maar"execercize on your part.
If people or buyers are interested in buying then it would be best on your part to use that opportunity.
Newton
(Querist) 08 April 2013
Sir in the registration its clearly mentioned by the owner that he is selling the plot to me and none of his heirs has any share in this property. And he has mentioned that we can do any thing with this property as henceforth he has nothing to do with it
Devajyoti Barman
(Expert) 08 April 2013
Properly advised above and follow his advise now.
Newton
(Querist) 08 April 2013
yes yes sure I got it.
Thank you very much sir for your valuable time.
prabhakar singh
(Expert) 08 April 2013
No chatting.You told it was bought from a SC
then it required prior permission from D.M.,if it was taken then sale is valid,if not then irrespective of what is written in sale deed,the sale deed is void has already been told you.
Are you aware of my consultation fees?
I told you all in one.
There is no room of any discussion with me.
I close it on my part.
You are free to convey with others.
