Legal Question in Criminal Law in India

land dispute

one person who has no right of

ownership in my lands manipulated

the revenue records and got a

patta in his name in 2007 and citing

the revenue record claiming the

ownership of the lands registered a

mortgage deed of the property in

favour of his wife in 2008 creating a

doubt in my ownership. I got the

property in 1995 through the family

partition. The encumbrance

certificate of the property shows

the mortgage causing an

embarrassment to me what is the

relief?


Asked on 2/05/09, 7:32 am

6 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: land dispute

Approach revenue authorities for removing illegal entries.

You can also approach court for appropriate relief of declaration.

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Answered on 2/06/09, 6:10 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: land dispute

You may (a) register a case of forgery and other offences; with the local police;

(b) approach the revenue authorities bringing the correct info on record;

(c) file a civil suit seeking cancellation of patta, the ownership record and the mortgage deed;

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Answered on 2/06/09, 7:19 am
Advocate Siva Subramanian M/s. R. Siva Subramanian

Re: land dispute

(1) You can seek the 'patta records' through 'Right to information Act' from the concerned Office and find-out how the patta has been issued on that individual's name.

(2) If you have valid document (like 'registered partition deed') you can lodge a criminal complaint against the concerned individual (The police will ordinarily not agree to register such cases by quoting that it's of civil nature, but, once you get an endorsement from the police to that effect, you can file a criminal complaint at appropriate criminal court under section 200 Cr. P.C., (Private Complaint) to seek an order for police investigation. This process is advisable because it's cost-effective at the same time, the opposite party may come for compromise fearing criminal prosecution.

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Answered on 2/05/09, 8:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: land dispute

you can prove the manipulation thru RTi.

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Answered on 2/05/09, 9:19 am
pramod kumarojha advocatepramodkumarojha

Re: land dispute

your matter is purely of civil in nature .and the title is under dispute.therefore you should bring a suit for deciding of title before the court of munsif.

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Answered on 2/05/09, 10:01 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: land dispute

Hello.

I would advise you to seek remedy by giving a application to the concerned department through RTI Act.

You can hopefully prove that the records were manipulated.

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Answered on 2/06/09, 12:48 am


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