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Someone is trying to claim on property when we have the sale deed
05-Jan-2023 (In Property Law)
I have a land with original deed under my father's name who have passed away.But Someone who grabbed the property and recorded the property and demanded that he has purchased from my father selling the land to him. The original deed of the land is still with me. I know he is a fraudster trying to grab the land because my father has never sold the property to anyone. I just want to know in legal terms if it is possible for whatever affidavit he has to be legal without the original deed of the land.
You have to file a criminal complaint and case against him and also a civil suit for declaration that you are the owner and injunction restraining him from creating third party interest in order to avoid multiciplicity of proceedings immediately. you have not provided the details of the possession
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Who is on possession? file a suit for Declaration and Injunction in Civil Court against the stranger. Search the record of ADSR and BL& LRO and file a criminal case also in Judicial Magistrate Court. Other option is to file a record correction case in LRTT .
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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At first you have make a search in the concerned registry office. And let me know from which state you are. Secondly you have get the certified copy of the record of rights of right in respect of your plot from the concerned land reforms office. After collecting those documents you can file a civil suit, if that this person has already took the possession of you property, then let me know about that.
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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As long as you have the original deed you are the owner. But in this situation what is tricky is the possession. As long as you hold possession you have nothing to worry. He might try by filing a title suit but even then you just have to defend and as long as the suit remains undecided your possession is unlikely to be disturbed by the court.
However if the other person has possession then you might have to burden the entire legal proceedings and wait till the final outcome. But as long as the original deeds show your father as the owner, you need not worry. legally it will be favourable in your advantage what is tricky is the time taken and who will have the burden of proof.
However if the other person has possession then you might have to burden the entire legal proceedings and wait till the final outcome. But as long as the original deeds show your father as the owner, you need not worry. legally it will be favourable in your advantage what is tricky is the time taken and who will have the burden of proof.
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Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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