Regarding housing plot
Querist :
Anonymous
(Querist) 17 May 2022
This query is : Open
Respected Sir,
We had bought DTCP (Director of Town and Country Planning) approved plots in proximity to Shamsabad Airport, outskirts of Hyderabad in 2005 and secured our plots with fencing.
Now after a long gap of 15 years, one person filed civil suit against all plot holders that the entire land in which plotting was done was bought by him via SALE DEED even before the plots were sold to the plot holders and that the entire land belongs to him. We had bought plots only after checking the ENCUMBRANCE CERTIFICATE, i.e. if those plots which we were to buy were free from all ENCUBRANCES. The ENCUMBRANCE CERTIFICATES SHOWED that Plots were free from all ENCUMBRANCES. Where do we (PLOT HOLDERS) stand legally.
Second point is, Notices regarding Civil Suit (filed by person claiming entire land) received by only few of the plot holders and they are preparing for a reply. Now if the remaining plotholders (who have not received notices) do not join in the Reply to the Civil Suit, would their plots be EXPARTEED in favour of the Petitioner. Kindly reply Sir. Thanks in Advance.
kavksatyanarayana
(Expert) 17 May 2022
If possible take authorization from all the owners and then some owners may file the counter reply. If they do not give authorization you may proceed with the counter reply. If you win all the owners may get benefits, however, it depends on the merits and demerits of the case.
Querist :
Anonymous
(Querist) 18 May 2022
Now if the remaining plotholders (who have not received notices) do not join in the Reply to the Civil Suit, would their plots be EXPARTEED(and subsequent surrender of plots to Petitioner) in favour of the Petitioner till disposal of the Case or even after. Kindly reply Sir. Thanks in Advance