Dear Experts,
My step-father is a Land Lord, he holds a big amount of land around 114 acres (101 Acres + 13 Acres) since past 40 years The matter of this 101 acre case is pending in SC. Intially he purchased the Land (101 Acress) for Quarry purpose, as there was no access to the Quary Land he took the adjoining lands on rental basis (13 Acres).
Dad, entered into partnership, one of his partner purchased the rented land from the original Owner. After few months/ year, they had a dispute and a consent term was executed so my step-father gave him certain area of land in the neighbourhood and in return the Purchaser (Partner) gave him the purchased rented land alongwith the POA (only notarised and not registered). So this way my dad became the owner of the rented land. At that time ULC act was in force in which a person can hold certain amount of land in his name. So in order to skip this Act he entered the land lord’s name on 7/12 extract in trust and the business was running smoothly.
Last year, then owners of the land sold that same piece of land to third party (builder) without any knowledge of my father, they took advantage of the 7/12 as the actual owners name was on 7/12. Somehow we got the documents from Tehsil and Talathi and we came to know that the third party purchased it with a very small amount and submitted fake documents like Power of Attorney etc. etc. in the Government department. Since past 40 years - till date, my dad is in possession of that property and yet the builder hasn’t approached us for possession or may be he is intending to do so. Through some reliable sources we’ve come to know that the Third party (Builder) is in process to getting IOD & CC from BMC. Few days back, the builder published the a Public Notice stating that he is the owner of the land and he has the conveyance and several other registered documents but till date we are in possession.
My question is:
1. How can we get our name entered on 7/12 and in the books of revenue records?
2. Should we file Civil Suit or Criminal Suit against the previous land owner and the builder as now the builder has declared it in Public Notice?
3. How can we prove that we are the owner of the land as still the land is in our possession?
4. What are the options available to safeguard our property from the encroachers?
5. Can we claim the property under Adverse Possession?
6. Shall we issue a Public Notice stating that we are in legal possession?
I just want to protect his land and request you all the experts to give your best advice in this matter. Your advice will be very highly appreciated.
Your Advice Seeker.
