Siddaiha 1 acre land in sy no 332 gave GPA 3 persons by registered GPA doc no 241of 1987.
Mr Balakrishna purchased 200 sq yards through GPA holders in 1988 in 1acre siddaiha land.
I have purchased same from Balakrishna in 1994
Mine is 2nd transaction in Nethi siddaiha land.
In 2002 Nethi siddaiha 1 acre land and along with 1acre land of jayprada, which just below Nethi siddaiha land, clubbed together and relayout is made and sold to 3 buyers in 40,20 and 20 guntas, totally 2 acres.
Note:Nethi siddaiha and GPA holders sold 1acre land under same registered GPA doc no 241of 1987,in 1988 to Mr Balakrishna in sq yard and again in 2002 to 3 persons in guntas.
Hence, my plot purchased from Balakrishna can't be traceable on ground, it's vanished in relayout, some one on possession since 2002, it's more than 12 year's, what case is to recover plot...
Dearest reader,
I have gone through your query and I would like to provide you with an answer that might help you out with the concern regarding the overlapping transactions.
As per the facts that you have described in the query, it seems that the property purchased by you from Mr. Balakrishna in 1994 has been compromised due to the procedures conducted by Nethi Siddhaiha and others in 2002. Here, your ownership rights have been violated as your specific plot is now untraceable, just because the property was resold to three individuals.
Referring to the provisions of the Transfer of Property Act, 1882, the title of the property was officially transferred to you because of the sale to Mr. Balakrishna in 1988 via the GPA holders, and your subsequent purchase. Now, any sale of the same property by Nethi Siddaiha will be considered fraud if it has been done without extinguishing prior information.
You have the option to file a lawsuit for a declaration of title as per Section 34 of the Specific Relief Act, 1963, seeking the acknowledgment of the court regarding your ownership. You can also ask for the possession of the land and damages under Section 5 of the same act. Referring to the case of K.K. Modi v. K.N. Modi (1998) would be really beneficial for you.
You can also refer to Section 31 of the Specific Relief Act, for the cancellation of the fraudulent sale deeds, stating the fraud and misrepresentation committed by Nethi Siddaiha and the GPA holders.
Overall, I would like to go with the lawsuit, and collecting all the relevant documents for the evidence would be best.
I hope I was able to help you with the query, feel free to connect with me on LinkedIn if needed. ( www.linkedin.com/in/pankhuri-rastogi-9221b2289 )
Thank You.
