Balaji (Individual) 02 July 2014

Property dispute - land grab?

Hello Forum-

I could use some help here. We purchased an empty land (unapproved) in Chennai in 2003. Since then we have applied for a patta in our name, put a compound wall and gate and kept it locked since then. We have also obtained DTCP building plan approval for this property last year and plan the OSR charges...

3 months ago we contracted with an agent to fill the land with 5 feet of gravel (to bring to road height), and when this was in progress, some goons approched, said this was their property and we had to go to the police. On the ill advice of our lawyer, we submitted the entire document history to the police, and after reviewing for a few days they said that they need to send a letter to the VAO and Tahsildar office to get a surveyer to measure and decide who owns it. In the meantime we were told to not approach the property, until there is clarity.

Now 2 months later the Surveyor came to measure (with the opposite party) and mentioned that the opposite party have a computer patta as well a document in their name for the property, and has asked all to come with originals for verification.

I strongly believe that the surveyor, the police and the goons are a nexus to grab my land and have used the document copies we submitted to the police to create duplicate documents to grab our land.

We currently do not have possession of this land in the last 3 months, because of the advice of the police.

Please suggest what are actions that we need to do immediately?

1. I want to ensure that the opposite party cannot sell this to others until this is resolved, i do not know the address and names of the oppposite party, how can i file a suit in the court and ensure that no registrations happen unless this is resolved?

2. What is the way to get a quick resolution to this issue?

3. What are next steps that i should take?

Appreciate all your help on this.

Thanks

Balaji

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5 Replies

Balaji (Individual) 02 July 2014

Also, should i put a notice in the daily newspaper that this property is in dispute ?

Balaji

Balaji (Individual) 02 July 2014

Also, do you advise that i issue a public notice in daily newspaper to prevent any future fraudulant transactions on the property?

How do i find out details about the opposing party (if police wont disclose this) to file suit?

Balaji

T. Kalaiselvan, Advocate (Advocate) 02 July 2014

You say that the opposite party came and taken away your property?, without any documents to show their title they cannot take it away. If they have created any document, you can get to know about it through an encumbrance certificate obtained from the registrar office. If you suspect the police to be in hand in glove with the so called goons, you may take up the matter with the higher police official including the District Superintendent of Police. There is a anti land grabbing police special cell functioning in every district headquarters, you can approach them too, in the meantime, you can give a police complaint from your side or publish the matter in a column of press or advertise the matter in the local news paper stating that the land is under dispute and a general warning to public to not to venture into any purchase or any transaction with the property. You change the lawyer and engage a better one who will be able to guide you properly.

Biswanath Roy (Advocate) 02 July 2014

1. First of all you make two local paper publications one in Tamil and another in English through an expert lawyer claiming yourself as the absolute owner of the property.

2. Write a complaint to your District D.C.P alleging that some interested Police Officers of................P.S. by joining hands and in league are trying to grab your land illegally by manufacturing some incrimenting documents of title of your land.

3. File an application under Article 226 of the Constitution of India, a Writ of Mandamus in the Madras High Court against the Police that they by joining hands with certain goons are illegally trying to grab your property and thus they are trying to interferring with, intervening and encroached upon your legal,onstitutional and Fundamental rights and pray relief accordingly.

You may engage EXPERT of this forum Mr T.. KALAISELVAN who is a practitioner of Madras High Court

Advocate Ravinder (Advocate/Attorney) 03 July 2014

Dear Balaji,

The open land disputes are very complicated and moreover all political men, anti social elements, goons will be involved in these type of disputes. Hence, unless I go through all the documents, I cannot give my opinion. Please send scanned copies of your title deeds to me so that I can give elaborate opinion. My email id ravinder2345@gmail.com. Meanwhile you file a Injunction suit against the persons who are trying to interfere into your land. While the main case continues, you will get interim (temporary) injunction restraining your opponents not to interfere into your land. Basing on that order, you can get police protection and with the help of police protection you can enter into your land. Put a fencing. Construct one room and get House No. This will be useful to you that you are in possession of your land. Since you have a good title, you will get the Injunction order easily.