Raghu Chennuri 15 December 2015

Land dispute

Hi,

I have purchased/registered property with clear title which includes house number as well. It is residential property and verified in Municipality about house number. It’s under my name only.

We brought this plot from Person “A” in 2012. Person “A” purchased from Person “B” in 2008. Person “B” purchased from Person “C” in 2007. We have linked documents for all these transactions.

And verified the Encumbrance Certificate, sales deed etc. which are under my name only and also verified old Pahani/Katta/Adangal, all these are under Person “C”.

Now Person “X” is claiming it is belong to the ancestors land with old property documents and rectified registration deed. They filed an Original Suite in Court. Please note that their property boundaries was in west phasing in 1988 and now they corrected to East phasing.

Please let me know the legal procedure, whom i should approach. How we can solve this issue?

And also they are asking for settlement.. is it good to do settlement or proceeding legally?

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 15 December 2015

Sir,

Don't settle, its a good case, make A B C a witness to the trail and find out when Mr X has registered his property.

Pertinent to mention that how come Mr X after a lapse of so many years, have though of recovering the property.

Warm Regards

Kapil Chandna Advocate

9899011450

Raghu Chennuri 15 December 2015

Thank you Kapil Sir. Now Mr. X sent me a Caveat without application number and also caveator & advocate not signed in that caveat notice document which we recived. And also there is no information that , in how many days, we have to respond to Caveat.

Is this Caveat valid notice or invalid notice?

Shall i can file a suite against them, if this Caveat is invalid?

jyotirmaya behera (advocate) 16 December 2015

the validity of the caveat petition is only for 90 days thereafter it ll be further need to file for the continuance of the issue.

Regarding you issue 1- you have the registed sale deed, 2 EC is in your favor, 3- from whom you purchase that person will be witness.

Most important if you have EC of the 30 years you can know from whom that property come to you.

If you collect “ YADDAST COPY” from settlement office that will be in your favor ( YADDAST- that can show you from whom this property belong and how you get this property)

If in the caveat petition mention the RSD No. then verify the same at sub-register office.