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someone is claiming to be original owner of my land
01-May-2023 (In Property Law)
I bought an agricultural land in Delhi in an unauthorized colony in 2004 from a property dealer on GPA, Sale deed and Will and all these documents are notary attested and registered under sub registrar as well and I am living here since that time only. Suddenly someone is claiming this land and he filed a case on this land in SDM court Delhi in Dec 2012, saying that somebody sold this land on forged documents. We got a notice from SDM court to appear in SDM court in Jan 2014. On approaching a lawyer he said one can not file the case in SDM Court after such a long time period because you are living in this house since 2004 and the person who is claiming to be the owner of this land has filed this case in SDM court in Dec 2012. He said one can file the case in SDM court within 3 years from the construction took place. And he assured us that do not worry this case will get dismissed from the SDM court on this ground and you are safe. But I am confused about the fate of this case. Kindly Guide as I do not know anything about Property Laws of Delhi.
1. Did you carry out the due diligence test before purchasing the property? If it was carried out in the manner it should have been then you should rest assured that your property will be safe. If, however, it was not carried out then you are indeed on a sticky wicket and at the mercy of this man.
2. You have already engaged a lawyer who has advised you that legal action could not have been brought before SDM after 3 years.
3. If any adverse order is passed against you then you do have the right to move the higher courts to challenge such an order which infringes your rights.
4. Additionally, when you have the sale deed registered then you may file a counter case of affirming your ownership to the property and also seeking a stay order against this person to prevent him from ousting you from your property. You have not mentioned what is the value of property mentioned in sale deed, which if told would have enabled us to form an opinion on whether SDM could have dealt with your case.
2. You have already engaged a lawyer who has advised you that legal action could not have been brought before SDM after 3 years.
3. If any adverse order is passed against you then you do have the right to move the higher courts to challenge such an order which infringes your rights.
4. Additionally, when you have the sale deed registered then you may file a counter case of affirming your ownership to the property and also seeking a stay order against this person to prevent him from ousting you from your property. You have not mentioned what is the value of property mentioned in sale deed, which if told would have enabled us to form an opinion on whether SDM could have dealt with your case.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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