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Owner sold the land but now another person sold the same land


21-Sep-2023 (In Property Law)
Owner of land sells his property by plotting the land leaving some area for park&adjacent road but other person resell the some plots and park road illegal and purches made the house on land but the owner who purched the road plot not made anything on it so the others who made home on park land also extend their home on that plot and proved in lower court that its road without saying that their hoses are also on park land.the road plot owner filed case in high court but due to health problems he cant attended court and case disposed but the people in that hoses mentally harassment that man so now advise is there any possibility to get back land If not then is it possible to remove their homes from park land?
Answers (2)

Answer #1
986 votes
though your mail is quite vague but I could understand is that the developer had done plotting on his land and as per rules he left land for road and park. but someone who had executed sale deed for park and road land. as regards to your case dismissed in default in high-court, if you were sick, your advocate would have attended the case, you may make petition for its restoration. But the seller of the park & road land was not having valid title on it, so purchasers' title will also be defective. purchasers have recourse against the seller to proceed criminal case u/s 420 of IPC and recovery suit under CPC.
Answer #2
741 votes
Question: Owner of land sells his property by plotting the land leaving some area for park&adjacent road but other person resell the some plots and park road illegal and purches made the house on land but the owner who purched the road plot not made anything on it so the others who made home on park land also extend their home on that plot and proved in lower court that its road without saying that their hoses are also on park land.the road plot owner filed case in high court but due to health problems he cant attended court and case disposed but the people in that hoses mentally harassment that man so now advise is there any possibility to get back land If not then is it possible to remove their homes from park land?

Advise: u need to file a civil suit for declaration of the illegal sale of plot as null and void and seek vacant possession of the plot area. if u have strong facts and documents, u will win and get back the plot.

where is the property situated?
Regards
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP-Indore
Partner-Raghuvanshi Vaidya & Partners Law Firm

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