MASTHAN (Self employeed) 14 January 2013

Double registration

Hi All,

1. We bought 2400 sq ft land in 2007 from person X and he bought it from person Y. I have the original documents of (a) the documents which proves that person X bought the land from Y (b) the documents which proves that we bought the land from person X

2. There is a big stone in our land and on that stone we written our phone number and mention we are the owners of the property.

3. In the last 5 years we dont have any issues on the said property.

4. Very recentlly, the next to next to plot owner started consturing a house, One month ago when my brother visits the plot , he said that this is not your plot and this plot owned by some one else.

5. After a week, I visit the next to next plot (where construction is happening) and I approached the watchmen, then I showed our plot and I asked who is the owner of the plot? then he said some muslims are the owners of that plot. On the same day evening , when I visit that house owner (the next to next to plot owner), he said your plot is owned by some of our friends.

6. 10 days ago, I and my brothers visits our plot again and on the stone which is there in our plot , we once again written the our name and contact number (since it is 5 years we bought, the paint is not clear).

7. This evening when I visit the plot again, our names and contact numbers were removed it is cleaned-up with another paint.

8. When we enquire the surroundings, we came to know that from the last 2 months (since the next to next to plot construction begins) the next to next to plot owner spreading that he is the owner of the plot.

9. After that my brother called that encroacher and we asked why you removed our contact numbers and name, then he failed to accept that but he is claiming that he is the owner of the plot now.

10. The encroacher (th next to next to plot owner) is telling that he bought it from person Y in 1990s

11. Actually we bought the property from X and he bought it from Y, now the encroacher is also telling that he bought the property from Y.

Here few intersting things that I observed is:

A) When I brother met him or when I met him, one month ago, he didnt claimed that he is the owner of the plot

B) He is not accepting that he removed the pain

C) the watch men clearly told us that "muslim people in ARA X" is the owner (and we are that people)

D) Now all of suddent he is claiming that he is the owner of that plot.

What I shold do now?

Here I am expecting the two possibilities

(i) this fellow is trying encroach my land with fake documents

(ii) the person "Y" might have done double registration.

(a) If it is land encroach ment, then is my documents (which I explained at (1)) are good enough to prove it?

(b) If it is double registration, then who will become the owner of the property? And what is the situation for other person?

Please let me know your valuable inputs on this.

Thanks,

Masthan

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4 Replies

Advocate Vishnu (Advocate) 14 January 2013

Pl go to the respective sub registrar office and apply for an encumberence certificate on your property and make the search period as 40 years starting from 1973. The encumberance certificate will clearly list out the past and the present owners of the said property .I shall guide you on the legal procedure to be adopted after you obtain the encumberance certificate.

MASTHAN (Self employeed) 14 January 2013

Hi All,

Thanks for your reply. Now I understand the actual dispute/issue with the property

(1). In 1984/1985 person-A did layout in his 3 acers land and

(a) in this layout there were 10-15 plots in each row, there were three or four rows in the entire layout

(b) the road widdth between each row is : 30 feet

(2) No one was built any construction in that layout for 10-15 years, over a period of time the boundaries of actual layout gone away

(3). In 2000-2001, person-A (the acutal owner of the entire layout) passed away and his three sons became the owner of the property

(4) persons-A sons changed the layout plan and they cut down the 30 feet road size to 18 feet road and they did not intimated this to any of the actual owners of the layout (as no one has interst on the plots as there is no development and the price is very low)

(5) After reduing the road widdth , they added few new plots at the end and they came up with new layout plan .

(6) In the new layout plan, person-A sons adjusted plots for the old layout plots as below

(6.1) in the old lay out plan if plot-1 is allotted for person X , then in the layout plan also they allotted plot-1 for person X but the only thing is , in the new layout plan the road widdth size is 18 feet (in the old layout plan the road widdth is 30 feet)

(6.2) In the new lay out plan they did not taken care well about the iniital owners of first three-four rows and because of that they missed couple of names in the layout and they created few new plots in the lay out (new plots means there is no onwer for that plot). It means in the old layout plan if plot -X is allotted to person-Z then in the new layout plan they forgot to allot plot-X to person-Z and instead they claimed plot-X is free

(6.3) In the new layout plan the size of plot is also got changed

(7) Person -B bought plot#23 from person-A sons as per the new layout plan and from person B we bought the same plot.

(8) In the old layout plan, plot#21 and plot#23 sold to person-P (and in this plan the road widdth is 30 feet)

Now the person-P, constructed house in Plot#21 (and this plot #21 is as per the new layout plan and this plot#21 is not the actual place that he bought from person-A (who has done initial/first layout) and now he is claiming that he is the owner of plot#23 in the new layout .

Person-P bought plot#21 and plot#23 in the old layout plan but he did construction in plot#21 which is there as per new layout plan and he is claiming he is the owner of plot#23.

Now you please tell me, what I need to do? How can I get back my land ?

What is the next immediate step, that I need to do so that I dont losse my plot

Thanks,

Masthan