Illegal grab of a land
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
Hello I am writing this from Bokaro steel city. My dad bought a land on his name and he is no more. My mom has the original land papers with her. But now one of the local politician has grabbed that land and claiming that this is his land.. I dont know what to do and who to approach as he has sources and resources as well.
Kindly help me in finding a way and getting the land back as my mother is very old and she cant afford to fight or stand against a politician.
Please do the needful
ajay sethi
(Expert) 22 December 2011
has land been transferred in name of your mother ?
file police complaint against said politician . if cops refuse to register complaint file complaint with supdt of police . if no action is taken make an application under secton 156(3)before magistarte directing police to investigae .
simultnaeously move civil court for declaration that your mother is owner of said land and for other reliefs . engage a local lawyer
adv. rajeev ( rajoo )
(Expert) 22 December 2011
Apply for the property extract, you will come to know in whose name it is. You can also get the certified copy of the sale deed from the sub registrar. After obtaining all these documents file an application to get enter the name of the legal heirs of your father. Legal heirs means you, your mother and sisters if any. After doing all these file a suit for declaration and injunction. Now also you can file a suit on the basis of the property extract.
Querist :
Anonymous
(Querist) 22 December 2011
Yes Mr. Sethi the LAND has been transferred in the name of my mother recently.
Thank you so much Mr. Sethi.
Querist :
Anonymous
(Querist) 22 December 2011
Thanks for your response Mr. Rajeev.
But who to approach for property extract ?
As I am sure that the extraction will reveal my mother's name but what if the politician through his sources has changed the extraction on his name or his legal heir's name ?
Which is also possible....
Guest
(Expert) 22 December 2011
But who to approach for property extract ?
Concerned Registrar Office. You have to apply for 'Encumbrance Certificate'. Seek this certificate, covering all the past transanctions.
As I am sure that the extraction will reveal my mother's name but what if the politician through his sources has changed the extraction on his name or his legal heir's name ?
Which is also possible....
The Encumbrance Certificate shows only those documents which are registered. If you find any suspicious entry in the E.C., apply for 'copy of the document' and if it is found to be containing fraud elements such as forgery, etc., file a criminal complaint at the Police Station and if they refused to do it, file a petition under Cr.pc 200.
It is also advisable to lodge an application to the concerned Registrar so as to avoid any possible future transactions, till the police investigation is over.
Devajyoti Barman
(Expert) 22 December 2011
Yes but do not waste time in filing a suit for declaration and injunction.
Raj Kumar Makkad
(Expert) 22 December 2011
As the land has been transferred in favour of your mother recently so it is high time for you to go to civil court and obtain a permanent injunction against the encroacher. The power of courts is very high and who so ever that politician may be, courts can deliever judgment on the basis of true facts irrespective of the status of one or the other party in society or in politics.
Raj Kumar Makkad
(Expert) 22 December 2011
As the land has been transferred in favour of your mother recently so it is high time for you to go to civil court and obtain a permanent injunction against the encroacher. The power of courts is very high and who so ever that politician may be, courts can deliever judgment on the basis of true facts irrespective of the status of one or the other party in society or in politics.
prabhakar singh
(Expert) 23 December 2011
I agree with M/s Barman and Makkad.Rush to file a civil suit by engaging a civil lawyer as early as possible.
prabhakar singh
(Expert) 23 December 2011
I agree with M/s Barman and Makkad.Rush to file a civil suit by engaging a civil lawyer as early as possible.
