Q & A
File a civil suit to reclaim your rightful ownership
Q:
My mother bought a piece of land at Yapral village in 1984. In 2007, we applied for EC and got a copy with no encumbrances. Later we came to know that this plot had been resold and re-registered in another person’s name. Enquiries revealed that the person who had sold us, gave it back to the original seller due to a land dispute and he in turn in 1987 resold the plots through a GPA with new registrations. We have the sale deed but no other link.
The fact is that the witness on our sale deed is the one who resold and re-registered the plot in 1987 and held the GPA.
Also, the EC of the second registrant shows only one survey number. We have not been able to locate the title deeds of the sale of the plot before 1984.
Menka
Our panellist, K.Ravinder Reddi, advocate answers: When a person purchases a property, he has to see the encumbrances at least for 30 years and trace out the title.
It appears the same was not done. There must have been a layout to identify the plot and details are not given. It is not mentioned as to whether the plot was physically inspected before the purchase. If the person who sold the plot to you is the owner and his title can be dated back to at least 12 years prior to your purchase, you can definitely have the rights to your property and the same can be claimed through court of law. If your seller and the alleged second seller have colluded and created documents, you can file a civil suit to declare your sale deed as genuine and binding on them . You can also file a suit for recovery of amount and damages. You can lodge a complaint against the original seller and the second person. A person having sold away his property can not again sell the same through G.P.A.
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