Kishore SS (Engineer) 29 September 2012

Latest sale registration vs old notary

Hello All,

I felt relaxed after finding this forum hoping people here will help me understand what can be done with my current situation.

My father bought 2 plots in Hyd in 2006. One is registered on my name and other on my fathers name. I am living in US since 2007. My father passed away in 2011. When I visited India in 2011 and 2012 I visited those plots and they are just vacant. My family is paying the GHMC property taxes since we bought them. Recently the person who sold those plots to my father came to us and said that he sold those plots to other people(notary, not registered) before he sold to my father. According to him my father agreed to settle with other people, so he registered the plots to us, but settlement is not completed, so he is advicing to sell the plots to a party which he brought at a very less price compared to market price saying that he will settle with other buyers otherwise their will be lot of disputes. And also he is saying those plots don't have GHMC layout approval and also some area of one of the plot may come under govt land( called poramboku in telugu, not sure what it is). Since there are lot of issues and I am in US, he is saying it will be tough for us to handle if any dispute araise either with other buyers or GHMC or Govt. So not sure how to handle this. So my question is what if other owners actually turn up now while we start some construction on those plots, and what about the govt land in one of the plot, what about the layout approval. What should be our next course of action to make sure we retain the land without any issues with Govt, we are ready to give up claim on the govt land if any in our plots..

I have lot of other questions but hope I will get some answers for above first.

Thanks for reading this post.

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4 Replies

Gopikrishna Kalyanam (Lawyer) 29 September 2012

Dear Madhav,

Greetings. You can pay for survey of the lands as per your document. Once the surveyor measures and fixes your land,you can have a clear idea od the situation. If one of the lands is in fact Govt. poromboke, then you can file a petition to the District Collector to allot the land in your favour stating that you have been in possession and enjoyment of the land. Pending order on the petition you can mark, fence and gate the land with a name board of the owner. Have pictures taken of the marked land with you (owner) beside the name board. All these will create records for future use as well as reinforce your position.

Preserve the receipts for survey fees.

Best Wishes

K.K.Ganguly (Advocate) 29 September 2012

1) Your problem it seems is that your right, title & ownership of the property has been challenged by the same person who had sold it to you stating that he had made a notary sale of the same to others earlier,

2) Get your property mutated in your name, if it has not yet been done,

3) Get a survey of your land conducted through Govt. Surveyor.

4) File RTI application to the collector asking about the character of the land,

5) Enquire from the local municipality.

6) Submit a building plan to the Municipality/Corporation & if the plan is sanctioned, you can construct your house. Turning up of others do not matter at all since construction can be stopped only with the help of Court Order.

Adv.K.K.Ganguly

High Court,Calcutta

Kishore SS (Engineer) 30 September 2012

Thanks Gopikrishna and Adv.K.K.Ganguly for your prompt response. Your responses really gave me a lot of hope. I will consider your advices seriously. And what does it mean by "property mutated in your name", and how can I have it done.