Possession
shreepad
(Querist) 07 September 2015
This query is : Resolved
One of my friend purchased property in the year 1991, till today he was in possession. But now as per survey record property belongs to some one, that land owner now interfere. But as per the sale deed he purchased property some other Survey no. But he is possession in another land. What he purchased by virtue of sale deed that survey number now already someone constructs apartment. How to get relief from this. How to contest this matter in court.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 08 September 2015
As mofa model deed of sale, seller has to disclose all tru facts. If he concealed then u can initiate action against him
malipeddi jaggarao
(Expert) 08 September 2015
Your friend purchased property but possession of actual property is not given to him. Instead he was shown some other property and he continued the possession. This is wrongful possession and true owner may take your friend into task for illegal occupation/encroachment. As regards actual property, if somebody is constructing something in the said property, serve a legal notice or file injunction suit.
Rajendra K Goyal
(Expert) 08 September 2015
try to have amicable solution. If not possible your friend should file case for possession of his own property.
Anupam Lahiri
(Expert) 08 September 2015
Dear Shreepad,
The case seems to be a clear mistake on the part of your friend. In the Sale Deed, the Vendor apparently had not made any misrepresentation as he had clearly mentioned the Survey Number.
The purchaser should have been diligent to make a clear search about the property which was to be purchased with reference to the title deeds of the vendor. He has not done that. Instead, he had taken possession of a wrong property which belonged to other.
Now, only legal recourse to the purchaser is to file a suit for wrongful sale of property as the property actually sold did not belong to the vendor
Kumar Doab
(Expert) 08 September 2015
It is usually mentioned in the sale deed that the possession has been given/taken.
Your friend may ASAP visit an able Lawyer specializing in such/revenue/property/civil matters.
Hemant Agarwal
(Expert) 10 September 2015
1. Purchaser is already in "adverse possession" of the property in 1991. Hence no need to vacate it, irrespective of any criteria. File proceedings for adverse possesion, by following due procedure of law. Also file criminal proceedings against original land-owner for extortion and criminal intimidation.
2. For the real survey no. (which is recorded in purchase-agreement), file criminal case of trespass on the apartment builder and file eviction proceedings.
Keep Smiling .... Hemant Agarwal
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Hemant Agarwal
(Expert) 10 September 2015
apology for repeat post.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
