Litigation on Revenue Land

[ilu1979]

Respected Team members,
I need your legal opinion before I go ahead .
We bought revenue Land 6 sites ( 30*40) from a developer who had 1 Acre and 10 Guntas of Land , Developer sold 1 acre of land to some REDDY and he retained 10 Guntas of land . in September 2011 he sold 6 sites ( 30*40) each to all our family members and we got Khata and we paid yearly tax to Panchayat office .
I started constructing my dream house in October 2012 , took building plan approval from panchayat office .
When we started construction the Reddy people claimed Land belongs to them , he informed to stop the work immediately otherwise he will get JCB and demolish our foundations and my bore well . I went to sub registrar office and got Reddy sale deed it was clear that the property doesn’t belong to him as he claimed . when we approached the developer he suggested let the survey people come . Again the Reddy claims Land developer has come to an agreement with Reddy much before our sale deed in September 2011 and he has already taken money for 10 Guntas. Reddy is not showing the agreement .
I gathered information , all the developers in that area are doing the same practice to grab the land and sell to Reddy at higher Rate . I would like to Take Court stay order and start construction . Pls advise .

[ardesarchitects]

Hi ,
I would suggest consult a lawyer.if reddy has no documents with him just go ahead lodge a complaint with police and go ahead with construction.He cannot ask just like that to stop work in your site.
Consult lawyer Murali in our forum a reliable guy.

Regards
Ar.Praveen.N
Ardes architects and interior designers
Www.ardesarchitects.com

[eswarao_k]

Hi Ilu,

Can you please inform the area. Becoz I have also take 2 revenue sites and planning to construct. Have you got any loan from NBFC/BAnk to construct the house.

Thanks,
Eswar

[tvsh]

You should tell Reddy that entering into agreement to sell the land does not mean ownership of the land. More over the agreement has not been registered with the sub-registrar and the agreement has become null and void after the time limit given in the agreement. Ask him to deal with the original land owner and sort out the issue.

You should consult a lawyer and file a caveat that would stop reddy from getting a stay order in the court and finish construction as quickly as possible. File a police complaint as well if Reddy tries to trouble you.

[ilu1979]

Lot of Thanks to Praveen , Eswar , tvsh for responding ...

1)Reddy also claims the Sale deed done by us on Form 9 and Form 10 is going to be weak if I approach to the court of law . He also says check your sale deed has it mentioned survey number while registering the sale deed. Will entering survey number in sale deed will have a major impact .
2) If I Lodge a police complaint , this guy is Stinking rich he can easily convince police and the case can go in reverse gear
3) The Developer also is not helping us , he said let the Survey guy come then you guys can construct . I challenged the developer saying when sale deed shows the boundaries why wait for anyone
4) I have decided to start the construction again of Water Tank from today onwards .. let me see who will approach . everyone suggested me to check for Reddy agreement and then decide .

[tvsh]

Sale deed has to have clearly defined physical boundaries.Unlike approved layouts, where a plan is approved with site numbers and official khatas for each site, revenue layouts, have no clear physical attributes. So survey number forms an important identity for the site. I have not seen your deeds, hence cannot form an informed opinion. Consult a lawyer, it is worth the fees paid to him

[ilu1979]

My sale deed has Written as

South - Site 4
West - private property
East - Road
North - Site 6

[tvsh]

Ideally the sale deed will have a narration of how the property was passed on from person to person right from the date of grant/mother deed, etc. The schedule should have clarity in terms of survey number, adjacent survey numbers, etc. Was the original survey number split into two "hissas", One for the 10 guntas and the other for 1 acre? Mentioning only site numbers leads to ambiguity. It is better to consult a lawer.