Legal Question in Real Estate Law in India

Dear Experts,

My father is a Land Lord, he holds a big amount of land around 114 acres since past 40 years, Intially he purchased certain amount of Land for business purpose, as there was no access to the purchased property he took the adjoining lands on rental basis. One of his partner purchased the rented land from the Owner. After few months/ year, they had a dispute and a consent term was executed so my step-father gave him certain area of land and in return the Purchaser (Partner) gave him the purchased rented land alongwith the POA. So this way he became the owner of the rented land. At that time ULC act was in force in which a person can hold certain amount of land in his name. So in order to skip this Act he entered the land lord�s name on 7/12 extract in trust and the business was running smoothly.

Last year, then owners of the land sold that same piece of land to third party (builder) without any knowledge of my father took the advantage of the 7/12 and approached the prev. owner of the land and purchased it. Somehow we got the documents from Tehsil and Talathi and we came to know that the third party purchased it with a very small amount and submitted fake documents like Power of Attorney etc. etc. in the Government department. Since past 40 years - till date, my dad is in possession of that property and yet the builder hasn�t approached us for possession or may be he is intending to do so. Through some reliable sources we�ve come to know that the Third party (Builder) is in process to getting IOD & CC from BMC.

My question is:

1. How can we get our name entered on 7/12?

2. Should we file Civil Suit or Criminal Suit against the previous land owner and the builder before they approach us or wait for him to approach us?

3. How can we prove that we are the owner of the land as still the land is in our possession?

4. What are the options available to safeguard our property from the encroachers?

Being son, I just want to protect his land and request you all the experts to give your best advice in this matter. Your advice will be very highly appreciated.

Your Advice Seeker.


Asked on 3/04/11, 12:36 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

1. You may file a suit and get decree of specific performance with consequential relief of setting aside sale deed by owner in favour of third party.

2. If an offence is made out, then one can file a criminal case also.

3. Since there is not sale deed or conveyance in your favour, you can not prove yourself to be an owner. Possession can be provided by adducing evidence.

4. In the suit for specific performance, you may also pray for injunction. As also, with the suit you may also fie an application for temporary or interim injunction.

Read more
Answered on 5/08/11, 10:31 pm


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