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Sairamkumar (Manager)     26 February 2015

Land dispute bangalore

We've purchased a land in bangalore. The seller gave all the documents for verification. It had A-Khata as well.

At the time of negotiation, the seller and the broker showed us a copy of the partition of lands under the survey number where this land is also located. Thats just a copy with lines drawn or something.

Since, it had A-Khata, our lawyer didn't even look much into other Partition documents and gave clearance to buy.

We purchased the land and paid the seller in cash.

Immediately after within 2 months, the adjacent land owner demolished our compound and and claims that 70% of our land belongs to him and it's part of his survey number. We found that he is a real estate promoter and a local rowdy with gangs encroaching land and involve in extortion activities.

We asked the seller to help, Seller said, no one claimed anything when he possessed the land for nearly 6 months. He said, there were 4 owners before we bought and no problem  was there before. He is less cooperative.

We went to police and lodged a complaint and asked the Govt. surveyor to survey our survey number. In this case, lets say, its 2. The adjacent land owner and rowdy's land is coming under survey number 1. The Govt. surveyor showed up after so much effort. He measured only the rowdy's land under survey no. 1 and said that our land is not under 2 but 1. We are so annoyed and found that he is lying and probably the rowdy bribed him to produce wrong report.

However, some time earlier before the survey was done, we made an RTI and got the actual Partition document. it shows some dotted lines like 8-9 feet into his land. Meaning, our border goes into his land and dotted lines means, it's disputed and not clear yet. It's not that the our land is part of rowdy's land.

What are our options?

1. File a Lawsuit against Seller for cheating?

2. Try to sell this land? (We tried it and there are few promoters showed interest but nothing materlized)

3. File lawsuit against the Rowdy's encroachment and do a Civil case?

We are in worried and going thru' high stress. Please help us.

Thanks



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 February 2015

Dear, File a case for cheating against the seller immediately and also file a suit for permanent injunction against the rowdy to protect your interest because I could suspect that the rowdy can dispose of the property in the mean while, in order to save your skin file a suit as soon .... Kapil Chandna Adv 9899011450

R.K Nanda (Advocate)     26 February 2015

take stay order from court to protect ur possession.

Sairamkumar (Manager)     26 February 2015

Thank you Kapil for your response. There are couple of lawyers in bangalore said that, the seller is out of the loop. We can't do much. Is that true? are you sure that, we can file a case against seller for cheating and forgery?

Thanks Nanda for your response. Do you know any good lawyers in Bangalore? Should we go to high court or local?


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