Ror of property
samsid hoda
(Querist) 14 August 2018
This query is : Resolved
I have taken a property from govt auction 31 year back and in possesion peacfully to above proprty. We have saledeed and possession letter from the govt. But we don't have record. Now another person is claiming the part of the property in his name and has got the record. But the said property is in possesion for last 31 years. Sir/madam can you please what is legal complication. If the party (claimant) goes to court, what is chance to get back claimant property. Regards
Isaac Gabriel
(Expert) 15 August 2018
You could face the case with the documents on hand.
Hemant Agarwal
(Expert) 15 August 2018
1. IF the property is purchased via Govt. Auction, THEN it means that the Property, on possession should have mutated in your names, in the Revenue Records. This you can do even now, with the available documentary evidences, by following due procedure of law.
2. The Claimant name might be on record, BUT his property is now acquired and auctioned by the Govt., for some reasons, which you will need to find out from the Revenue records.
3. File Caveat to the local Revenue office, against making any further entries in the Revenue records. Also file Police FIR, against the Claimant for false claims, fraud, and intimidation.
4. File Declaration Suit, in local Civil Court, based on the Govt. Auction documents and other available documentary evidences and seek directions to the Revenue dept., to mutate the property in your names.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista
(Expert) 16 August 2018
The suit of claimant shall not hold ground as it would be "not maintainable".
Contact, consult and engage a prudent local lawyer,
