Third party in Land purchase
We baught an agriculture land in Village, which was on three brothers name. We checked the khatian(the survey register) and baught 2/3 part from two brothers, land is been used by the two brothers only because the other guys grandfather moved to different village long back. After we baught the land and got the mutation done third brother came saying that the whole land belongs to him as he holds the registry papers of that land and that the registry was done long back by his grandfather. He claims that the registry was done before the survey process. The survey paper (Khatian) does not contain any information about any registry being done on that land. The survey document He has appealed for cancellation of mutation in DCLR office and there is a threat that he goes for stay on this land (can he get stay on land?). What we can do to safeguard our interest?
Asked 4 years ago in Property Law
Religion: Hindu
To clarify the situation more... The land we purchased is from two brothers who are single child and there fathers also being single child of their grandfathers, and third brother is also single child and his father being single child of his grandfathers and their grandfathers were brothers. The claim third guy is making is that the whole land belongs to him as his grandfather got is registered on his name before survey process. we purchased 2/3 after referring Khatian(Survey Register) which mentioned names all three brothers grandfathers name and got mutation done. Other fact is that third guys grandfather moved to his wifes village and settled there and could not get control of land much in our village the other two brothers only used to do farming on these lands. Now the third guy has gone to DCLR office asking for Mutation being cancelled saying that the land is on his grandfathers name and that the registry was being done even before the survey process which is more than 50 years before, survey at our place was done only during 1970s. But survey register (Khatian) mentions names of three grandfathers of all three grandchildrens. When we spoke to the two brothers with whom we got the sale deed done about it, they are saying that the third guy is lieing and he does not have any registry papers but also say that even if the registry is there on third guys grandfathers name then also they hold share in that land because the third guys grandfather was elder brother and that before 2007 younger brothers have share in land registered on elder brother name if it is done in undivided family. There is a threat that the other guy may go for asking for stay on our purchased land, how can we safeguard our interest, should we go for indemnity or we try to stay strong on our land and go to ask for in-juncture from our side for other party.
Asked 4 years ago
