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Mp Krishnaiah   23 June 2021

suit for deceleration

dear experts I
I purchased a land of 3 acres and got possession through a registeted a sale deed but in the records only 2 acres and proceedings also for 3 acres but pass book showing 2 acres hence I am not able get the benefits like rythubandhu etc. many representations on this regard yeild nothing.
hence I request you all the renowned experts kindly advice on this issue and can we file suit for declaration and mandatory injunction on the Tahasildar for entering in the pass book or any other suit.
hope to hear from you soon
Thanq very much in advance to all the experts.


Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     23 June 2021

You have to provide self-attested copies of the Registered sale deed and Passbook showing 2 copies and request Tehasildar to modify the passbook or provide a new passbook.  This is surely a deficiency of service by authorities as the passbook was provided for a cost..  Alternatively, you can pay prescribed fees and seek a surveyor report on the basis of a registered sale deed from the Tehsildar.  The survey certificate must necessarily reflect the actual land in possession after measurement and should be signed by Tehsildar. and their passbook record is self-conflicting as both are issued and signed by the same officer.

If you fail to receive any remedy file a simple online complaint against Tehsildar if he has collected consideration for issuing a passbook for seeking correction, costs, and compensation as there was a financial loss due to incorrect entry.

1 Like

P. Venu (Advocate)     23 June 2021

No definite suggestion is possible unless the documents and seen and facts ascertained.

Shashikant V. Patil (Lawyer)     23 June 2021

You may apply to Collector for  wrong entries endorsed by Tehsildar  in your  record of rights (revenue records) . 

T. Kalaiselvan, Advocate (Advocate)     25 June 2021

You may observe the formalities as elaborately prescribed by expert Mr. G.L.N. Prasad above.

After exhausting the above said  remedies and still not getting any fruitful result, you may proceed with the proposed suit for mandatory injunction and a direction against the said Tahsildar for relief and remedy as per law.

 

Dr J C Vashista (Advocate)     02 July 2021

"Buyer Beware"

Did you find out the facts before finalisation of sale / purchase transaction ?


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