• Bought land in unauthorized colony

i bought a piece of land  150 sqr yards in an unauthorized colony in Delhi in 2002 and built a house and staying here since then, we have GPA,Sale Deed and Will registered with local authority, and have Electricity connection and Adhaar Card, Pan Card, Voter Id and all the documents of this house.

But suddenly 2 years ago somebody started sending notices to many of the residents of this block saying show your property papers in the local police station. on asking the police personal told us somebody is searching for his 2000 square yards land in this block. and has this land in a particular Khasra No. and he does not know where exactly this Khasra no. is located. I never got this notice ever but other residents of our block got that. But nobody paid any heed towards this saying that this must be gimmick of some local estate agent and they all slept on the matter.
But suddenly last month the same person filed a suit in the SDM court under Section 84 of Delhi Land Reform again with the same claim and this time they have put our name also in that, on checking each other's papers and consulting the older people of our colony we got to know that every resident has got papers of some other Khasra no. instead of which they are living in, and in all the papers they have 2 or more then 2 Khasra nos. mentioned the property dealer said that we did that because we bought all the land from various sellers and nobody knows that which Khasra no. starts and ends where so to be safe side we put the nearby Khasra nos. also in the same papers. there are 3-4 Khasra nos. are there in the entire block and the entire land is sold by 2 people (1 uncle and 1 of his nephew).

Now we went to the SDM court on 28th February 2014 but Honorable SDM were not available at that time and his P A gave us another date for appearing and that is 28th of March 2014.

Now we all are clue less that what is happening here, why suddenly after so many years somebody started claiming this land though the said claimer lives hardly 15-16 KMS from our area.

Kindly help us what we should do now and what will happen to us and to this case.

Kindly help us.

Thank you so much that you Experts are available and giving a great relief to people like us.

Waiting for your reply...

Best Regards
Neeru Sharma
Asked 10 years ago in Property Law

3 answers received in 1 hour.

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11 Answers

This is yet another case where due diligence test was not carried out before purchasing the property. The reason why such property matters form a high percentage of pendency in the Indian courts is because the prospective purchasers omit, for reasons best known to them, to carry out due diligence of the property. The consequences emanating out of this blunder were further aggravated due to the indifference shown to the notice received.

The reasons behind initiating the legal action could be multifarious. There could be a dispute respecting this property pending in a court of law which might have passed a stay order thereon, or the person who sent you the notice might have claimed to be the legal owner of some portion of land. If the land underneath the houses does not belong to those in whose names the same is registered and electricity connection obtained for the property built thereon, the GPA, Sale deed and Will are a nullity. Unless and until the khasra number was properly identified the land should never have been purchased. Purchasing a property with two khasra numbers is an invitation to trouble.

Be that as it may, engage a lawyer forthwith and show him all the documents relating to this property and the notice received so that he may after a threadbare perusal thereof chalk out your legal strategy. Thereafter, act strictly on his advice.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Do not worry if it is your propert it will be yours.Do you have a registered GPA or not.you can also file suit for pemanent injunction so that they do not dare to enter your property

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

the first mistake you made was purchase of 150 square land in an unauthorised colony . you failed to contact a lawyer and carry out due diligence of title of seller. you ought to have obtained title clearance certificate from local lawyer . then only decided to purchase the land .

. you have mentioned that all the plots have similar survey nos . it is an invitation to disaster.

unless survey nos of plots are correctly demarcated it would be difficult to identify land sold to you .it is advisable a to contact a local lawyer . show him all documents in your possession and on basis of legal advice proceed further

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Hi, based on your narration it is better to file suit for deceleration that you are the absolute owner of the property. better contact local advocate to file suit.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

SDM of which area ,you can contact on [deleted]

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

Hi, contact any of the advocate in our kaanoon who is practicing in New Delhi, they will help you.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

This is getting more and more difficult for you as he has now proceeded to institute a criminal case on you for purchasing the land which according to him belongs to him. I have already acquainted you with the legal repercussions which may ensue from out of the murky property transaction characterized by your seemingly doubtful ownership and the the legal action initiated by him. Without perusing threadbare the documents no lawyer will be able to chalk out your legal recourse. So immediately meet a lawyer and show him all the documents relating to this property and also the notice you have received from him and SHO.

Do not worry the least about his influence as he cannot influence the courts.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

it is necessary to go through the documents in your possession to advice . since criminal case has been filed you have to engage a local lawyer in delhi to appear on your behalf .

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Welcome and thanks for appreciation.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

thanks for your appreciation

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

my pleasure

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

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