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Gajendra (own)     20 December 2012

Double registration of the plot

Hi All,

My Mother purchased a land of 150 SQyds in Ramanthapur, Sri Nagar Colony. Hyderabad  in the year 1987 from one  K Bucchi Reddy

We purchased the land on Notary as registration was closed in the above period we could not do the registration...

But when the registration opened for our area we registered the same plot in the year 1991.

The person who sold the land has also sold around 12 Plots in the same area to our known people.

Also we had a layout for the entire colony and also at present the same Layout is being used for the purchase and sale of lands... it has three Names which includes the person who sold the plot to us and others two....

The Plot is vacant till now as we havent done any construction. whereas others known to us have constructed the house on their lands.

When we have started the construction few weeks back a group of local people from other locatlity came and asked us to stop the construction.

Our Contractor was forced to stop the construction.

We got a notice from the court a injuction suite has been filed on my mothers name..

When we went to a Lawyer for consultation.. he has asked us to give the papers related to the plot.

We had given the notary papers from the owner Buchhi Reddy and then we have given the certtified copy of the registration....

Then we were asked to take out the pahanis for the land...

We have taken out the Pahanis for the last 60 years and we found in the records, that entire land belonged to two persons in the layout other than the person who sold the plot to us. also we found the name of the person who sold the land to us but in occupation.

We dont have any clarity in the layout as which land belongs to whom...

IT seems there was a registration in the year 2010 for one of the person belonging to the nearby area, by the owner of one of the persons in the layout... when we checked the Pahani's their father name was appearing in the owners name in the Pahani.

When we took the encumberence certificate, we have the latest name of the registered person for the plot is the new person... but when we took the certificate for the last 20 years we found that, first it my Mothers name and now the new persons name.

Now the person who sold the property to my mother expired in the year 2009 and my mother also expired in the year 2011.

Have few questions...

1) When the plot is registered how can a registar do a double registration of the same plot, that too in the same registar office

2) Can we file a case against the registar for doing a double registration, for not checking the previous details of any registration

3) What actions can we take to secure the property and prove the title of the plot.

4) Is there any law where these type of disputes are resolved on a fast track basis

5) what do you suggest for

 

 Your suggestions would be highly appreciable

 

 



Learning

 1 Replies

Advocate Rohit (Advocate)     21 December 2012

you need to present your case with all the relevant documents you have. Also you may file a sperate criminal case against those persons who are cliaming to be the owner and also against the talathi who had inserted the name of some other person in the said property when your mother name was already there. Without the help of the talathi this incident could not have taken place.

if your mother had paid the money through cheque, then you may ask the bank to provide bank statement which would also help you out.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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