Residential plots disputes
mukesh
(Querist) 01 January 2012
This query is : Resolved
A town in gujarat having population about 25000.Nagar palika running local administration.Town planing scheme was introduced in1990.Nagar palika or any other authority never implement town planing act properly.They never authorized a plan or lay out for any of the open land in the town specially in 'GAMTAL'[old city].Because of this, land owners of open land makes plans and layouts on their own wish and make changes whenever they want.
A has open land of about 7000 Square meter.IN 1980 he plans 73 residential plots.He sold 40 plots to B which include plot no.70,71,72,73.B was not living in that town.He never visited the site.B sold all this plots to different people.
A changes plan and layout after selling this 40 plots.In other layout A cancelled plot no. 70,71,72,72.How can, A cancelled all this plots after selling it to B? B don't know this matter he sold all this plots to me.At present there are 69 plots available there.I can't find my plots.A has much more land in same survey no.A died.His wife and sons are his successor.
NOW MY QUESTION IS CAN I OR MR. B GET SOME OTHER LAND IN PLACE OF ALL THIS PLOTS?WHAT SHOULD WE DO FOR THAT.
Raj Kumar Makkad
(Expert) 01 January 2012
Why did you or your seller never cared for the possession of the purchased plots?
It is the buyer who is responsible for the consequences of his lapse about the proper enquiry of the purchased goods under consideration, however. you have no other option but to file a civil suit for injunction over the other land remaining in the name of seller/his legal heirs stating therein that you are in possession therein and defendants be restrained to claim their titled thereon.
mukesh
(Querist) 02 January 2012
Thank you sir.
prabhakar singh
(Expert) 02 January 2012
Was there no boundary mentioned for plots purchased and a plan attached with sale deed,if so there,A can not change the plan.
mukesh
(Querist) 03 January 2012
Respected Sir,
Total 73 plots, 1 sale deed. There are different numbers of plots given.There wasn't mention boundary for each plots.Plot no. and area against each plot mention in the sale deed.A plan copy of 73 plots was given.
Devajyoti Barman
(Expert) 03 January 2012
Then as per plan the property needs to be demarcated .
mukesh
(Querist) 03 January 2012
As per first plan there were 73 plots.The internal road length was 4.5 meters.and no extra gape between two raws.[backside]
In second plan there are 69 plots. the internal road length is 5.5 meters and 2 meter gap between two raw (back side)
Out of 69, about 55 houses already made as per second plan.only about 14 plots are open.In which there aren't my plot no.70 to 73.
V R SHROFF
(Expert) 03 January 2012
IF YOU HAVE PROPER AND VALID, REGISTERED DOCUMENTATION,GET COURT ORDER RESTRAINING ANY FURTHER CONSTRUCTION, AND TRANSFER, AS YOU HAVE YOUR SHARE IN THE SAID PLOTS OF LAND. MAKE EVERY PURCHASERS A PARTY.
YOU CLAIM YOUR RIGHT, AND ATTACHMENT BEFORE JUDGEMENT WITH PRAYER FOR COURT RECEIVER TILL YOUR PART S IDENTIFIED AND POSSESSION GIVEN TO YOU.
YOU CAN GO FOR CRIMINAL BREACH OF TRUST ALSO , BUT YOU WERE NEGLIGENT FOR OVER YEARS.
