someone is claiming to be original owner of my land
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.
Connect with top Property lawyers for your specific issue
Answers (1)
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.
Googling your legal issue online?
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.
Connect with top Property lawyers for your specific issue
Related Questions
- Legal procedure regarding purchase of freehold property.
- the 3 cent are clearly written as road so are the 3 cents his property
- Is registration of power of attorney mandatory?
- how to cancel GPA and get all the documents of property
- Property sold by fraud by way of Power of Attorney
- Property dispute with uncle he want to remove us property what to do
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- how to get building completetion & occupancy certificate
- Can a Gift Deed be challenged in India? - Property Gift Deed Rules
- Sons and Daughters Rights in Father's Property
- Illegal Possession of Immovable Property/Land
- Joint Ownership of Property
- Family Property Dispute Legal Solution
- Transfer of Property to Legal Heir after Death
- How to Resolve Land Dispute
- How to sell property in pagdi system
- Grandson's Right in Grandfather's Property
- Hakka Sod Patra in Maharashtra
- How to get succession certificate
- Property Document Verification in Bangalore
- Ancestral Property Partition and Family Rights
- How to send property partition legal notice?