Legal Question in Real Estate Law in India

Dear,

Sir/Madam,

I have purchased one small plot from my friend from Orisa in 2004 & made sale agreement which

Is unregistered & I am staying there since 2003, but in 24/07/2008 some gundas (land mafiya) grabbed my land by force from me and get it registered in his name & two witness given for his purchase deed are his close relatives.

I have given Police complaint against my land owner of Orisa & land mafiya in 08/08/2008 but they did not take any action against land mafiya & the land owner but police said me that leave the place within 2-3 days & take the room on rent anywhere.

So I filed civil suit for specific performance against my land owner on 21/01/2010 & criminal case against land owner & Land mafiya in 2011.

My lawyer said that they required approved plan of land I am not able to give the same because there is no such plans there all small plot holders & homes no body has such approved plans. if there is any ulternative please let me know.

I have ration card & Aadhar card & Pan Card on same address. Please let me know can I go for Adverse Possession.

My question is that can I win the case If yes please advise & give me judgment copy of same case, so that I can forward it to my lawyer because I have no place to stay I am not able to give higher rent in pune city.

Please advise me.

Thanking You,

Your faithfully,

Shinde M B.


Asked on 4/13/16, 4:56 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

YOU HAVE FILED A WRONG CASE. There was an agreement to sale and pursuant to that you acquired the possession and started residing there. That you have the address proof goes to show that you were in possession and subsequently dispossessed by mafia. Possession is implied even if sale agreement was not registered. Therefore, question of specific performance against the landowner does not arise.

I need to criminal case detail and civil proceeding and need to know whether an FIR was filed or not.

Query can not be resolved in one response.

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Answered on 4/14/16, 4:23 am


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