Resmi Vipin (Consultant) 16 April 2013

Duplicate registration of same site

Hello Sir/Madam,

I am posting this topic regarding a property dispute arisen on the land we bought 2 years back in my Father in law's name ,Ramakrishnan. The property is located in North Bangalore - Vidyaranyapura.

We bought this site measuring 1200 sq .ft from Mr. Dhanajeya who was a builder, for a price of 33 lakh. We started constructing a house 6 months back and have spent close to 20 lakhs on the construction till date. We are not financially well off. It was on selling our ancestral land we bought the land and started construction.

Here is the details of the site. The whole area belonged to 2 Muslim brothers called syed moula and syed nazeer...that whole area was their ancestral property and in 1995-96 they had got a conversion order to convert that agricultural land into residential plots....and at that time they had given power of attorney to a person called Nagaraj, a builder (died 2 years back) to develop that as a layout....in the mean time these guys..i mean Syed Moula & Nazeer together, with Nagaraj’s knowledge, offered this site as a gift to their friend Mr.Vazir Jahn(a tax collector then) on a very minimal cost...and in 1997 on a verbal agreement Vazir Jahn has paid them 1.5 lkhs(a very low rate. i.e., 1 lkhs to Syeds and 50k to Nagaraj) for this site and that he will register this site in his name only after he retire from his service in 2010(he retired as a sub registrar in 2010)...as he feared he will get into trouble and this site will be considered a bribe for him...so he kept the registration pending for this site till 2010..but he has all proofs of cheques and everything paid to these guys(Nagaraj and Syeds) in 1997 for this site...though there was no official agreement done

In 1998, this builder Nagaraj, without main owners knowledge with his power of attorney, sold this site again for 78k to a person called Mr. Srinivasan, the dispute claimer now,
He has done an official registration in the locality grama panchayath...though registered Srinivasan did not pay any tax for this property until he came up now for claim...though he did collect the EC in his name for his registration, he dint keep it updated later on to keep track of it… ...he did not register in the layout association, did not put a compound or anything . in fact after 1998 he has not turned up that way at all...

Later in 2010, Mr. Vazir Jahn, retried from service, wanted to get this site registered for him....Meanwhile Nagaraj was dead....so no one except Nagaraj knew there was another registration in between ..Vazir Jahn took up the latest EC and found that all papers were up to date and no other registrations have happened till date from 1997...that means to say Srinivasan's name has not appeared anywhere in EC....so since the papers were clear..he got that site registered in his name from Syeds directly in May 2010... in fact even Syeds dint know Nagaraj has sold this site to Srinivasan....Also EC till date dint mention such a regstartion/Name also...Vazir has paid all taxes for this property till then also...later in Dec 2010 Vazir Jahn sold this site to Mr Dhanajenyan, in the care of the Layout President..and even Dhananjeyan took the EC, tax paid and B-Khatha till date before registration and all papers and EC were clear....in July 2011 Dhananjeyan sold it to us...

Even we had verified our papers with an Advocate and the papers dint mention anything as another registration happened except that a power of attorney was given to Nagaraj....In Decemebr 2012 we started construction

Now Srinivasan came up on 23rd march 2013 again, to see us constructing a house....he contacted us on this regards and initially he seemed to be very good and harmless ..he is a higly influential, well-placed government servant, supposed to be a PA to as minister in Vidhan Soudha....he assured us not to create any trouble and all...but behind the scene,by April he sent us a stay order asking to stop our work as the site belonged to him..he also directly went and filed a case in Vidy'pura police station asking us to stop the work and come for a case hear in May 30th in court...Can he directly bring a Status Quo without informing us about teh same? ..now we had applied for another EC and we got the EC from 1983 to till date...and EC mentions the hierarchy as Syeds-Vazir-Dhanjeya-Ramakrishnan...no where Srinivasana's name is there...

All the parties involved in the registrations had gone ahead considering the latest Encumbrance certificate to be valid which did not mention his name . The Status Quo sent by Srinivasan consist of his then sale deed, power of attorney of Mr. Nagaraj, The encumbrance Certificate obtained by him at the time of registration. In addition to all this he has paid tax for the property from 2008 till date, which we had already paid every year on time.

Now I would like to know, how we can go ahead with this case. We would like to continue our construction as we have already spent close to 50 lakhs on this property. We would not want to lose our hard earned money spent on this land.

What are all the processes we should follow to remove the stay. What are the chances of us getting a positive hearing from court? Will we end up losing the case? Should we go for out of court settlement? Will we have to pay him full market rate for the site in case we go for a compromise, in fact he has been demanding for full market price as compromise which is not affordable by us. Are we alone the sufferers or should we pull in the earlier buyer, Mr. Vazir Jahn and Dhanajeya into this. Should we file a cheating case against them or share the cost among the 3 of us. There are plenty of questions arising out this heart breaking situation of ours. Please help out. I am in urgent need for a help in this regard. As we are common people we are scared for a legal fight against a high influential person like Srinivasan. We fear he could turn up things for his favor and take away our only house being constructed. Kindly help out.

Thanks & Regards,

Resmi

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5 Replies

Adv k . mahesh (advocate) 22 April 2013

He has done an official registration in the locality grama panchayath...though registered Srinivasan

though he did collect the EC in his name for his registration

the words which you have said above i could not get it official registration in grama panchayath

what says about power of attorney thus the POA says he has given right to sell the property and you said that poa is also registered

who the poa copy to a advocte because without seening the copy particulars cannot answer once officially registration if he does not pay the property tax after ten years our system has the facility to pay with penalty and it is the offically authorities who have not entered in the EC then you should blaim that officials

Resmi Vipin (Consultant) 22 April 2013

Sir ,

I meant that Srinivasan has registered the property in his name in 9th Jan,1998 and he has obtained an EC on 28th Jan 1998, in his name at the time after his registration...however his name is not present in the present day latest EC. We had applied for EC 4 times (one by Vazir Jahn in May 2010 , one by Dhanjeya in Dec 2010, One by us at the time of our regstn in july 2011 and one now in march 2013)and all 4 did not mention his name or possession. That was the reason we went ahead with the purchasal beliveing teh property did not have any registartions in btw.

Likewise, Power of Attorney was given for Nagarajan with the power to even sell the lands. I meant Power of attorney is a valid one.

Now who should blaim the officials, we or Srinivasan. And how can we go about settling this problem. Since it deals with huge money transaction no body is ready for any kind of compromise, and all wants to go with teh case, which puts me in most trouble as i have invested additional 20 lkhs on construction. Can i have hope on getting this property for me. On wat basis should I fight to win this case.

LegalArrow ( Advocate Bangalore) 22 April 2013

1. yes, you can obtain a stay order(ad interim-temporary injunction as agianst the defendants) without giving notice to the other party in a civil suit.

2. since there is already a civil suit pending, you have to appear at the earliest in the said suit and file your written statement( your defence).

3. you cannot put up further construction on your property, until the temporary injunction is vacated from the civil court. else contempt proceedings can be initated against you.

4. you are at liberty to file a criminal case or a civil case if you are aggreived by any persons action, each case will proceed on the records made available to it individually,. subsequently you can file clubbing application to club all cases since the parties and property in dispute is the same

5. the outcome of the case cannot be predcited going by what you have averred above, because the judgement is pronounced based on the pleadings and evidence made avilable by both plaintiffs and defendants in the said suit, and waht you have tried to convey may not be actually the pleadings placed before the court (even though you may have stated true facts).

6. your best bet is to engage the services of a counsel well versed in civil trials and get the matters disposed off at the earliest.

Resmi Vipin (Consultant) 22 April 2013

Hello Sir,

Thank you for our valuable suggestions. I ahve a few more queries to go.

1. As you suggested,I have got in touch with an advocte to file my defence. I have all th sale deeds in original of all transaction happened .i.e, from syeds-Mr.Vazir Jahn,Vazir-Dhanajeya, Dhanajeya-ramakrishnan. The encumbrance certificate issued from 1983-2013, the B-Khatha issued in our name for construction, All tax recipts paid by us to date, the conversion order for the land issued in 1995, The Layout plan and Site location map issued by the Layout authourities. What more will I need in addition to this to file my defence.

2. Can i have chance to get the property on producing my above said documents , as i have progressed far with the construction or vacate the stay stating i have started with the construction

3. Once the Injunction is vacated can I go ahead with my construction and what are the chances of the opposite party filing an injunction again.

4. The opposite party has mentions in teh case that we have harrased them verbally and physically,when they initally came to enquire us about teh same, while such an incident has not happened and we had a telephonic convrsation and have never met them in person. How do I defend this phrase filed by them.

5. On what basis do we go on an out of court settlement. Shoudl it be initiated from our end or will the court order for the same if either parties found innocent

6. how many hearing will it take to conclude on this case/ what could be the case duration

7. If the court decides to give away the land to opposite side, will i have a chance to get back the money i spent on the construction.

8. Out of court settlement for the land should be dealt on the Government fixed valuation rate or the prevailing market rate.

Please do help on these queries

Thanks & Regards,

Resmi Vipin

Adv k . mahesh (advocate) 22 April 2013

you can start construction once the stay order is vacated and court will decide and in how many trails will take place cannot tell

the documents are very cruicial so dont handover to anyone and also show the documents to the lawyer who is well versed in this property issues

do not mind onthe issue which you told that they had shown you harassed them you can deny on you statement when you submit and go as per you lawyer

and also think about the transction was really done with nagarajan POA because there is only a deed which shows that deed was registered and EC is not recorded then that deed may be duplicate try to anaylze the situations and talk to your lawyer do not do anything hurriedlyl from now