Land acquisition matters
Mr X had purchased a land during October 2002 (16 years ago) of agriculture land measuring 2.07 acres situated at village, bagalkot taluk. The land was belonging to Smt. Lachhavva and her sons. In need of funds for their family necessity, they approached to sell this property to Mr. X. Hence, this land was purchased by Mr. X by complying all rules and regulations at sub registrar office, tahasidar office at Bagalkot, Mr. X has paid legitimate govt stamp duty, have paid highest amount of sale consideration at that point of time. It was purely commercial transaction bought from land owners and duly signed the registered sale deeds dated 30.10.2002. Thereafter all revenue records, RTC are stands in X name. Subsequently due to old age of Mr. X, he had transferred to his son through the registered gift deed dated 24.2.2009. Subsequently the same land is acquired by District Town Development Authority during 2017 recently. Suddenly the old sellers they thought that the huge compensation money is going to buyer. By knowing the fact of lands acquired. , the minors of the original sellers have colluded themselves with sellers and family members and filed a false Original suit during 2017 to stop the funds. Now what is the remedy /next course of action available to the bonafide buyer?. As we know the case filed in court will not decide in 7-8 years. This delay period and harassment is enjoyed by the fake suitors to grab the money for buyers. Is there any way out? more
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While I'm NOT a lawyer, I would actually pursue this as a Criminal Case against the persons who've filed the suit - the criminal complaint shall be with the Police Station where the property is situated, and would be for Fraud / Extortion / Blackmail and wrongful litigation. If the Police refuses to accept the Complaint or then file an FIR, approach the local court for an order against the Police to accept the Complaint, file FIR etc. The plea response to the Original Suit in court should seek substantial damages + Interest on funds blocked through the litigation at the rate of 15% per annum compounded monthly from the date of suit to date of discharge of suit if its in your favour. An aggressive multi pronged strategy may get you something .... A simple court battle is an endless wait. more
Apr 06
You can also petition the court to pass interim orders to prevent either party from disposing off the land till the case is resolved. Then the government will also get pulled in, as the land will be needed for some purpose or other and has a chance to get settled soon. more
Apr 05
If it has gone to court, you can file a petition asking for the revenue from land sale to be put in a escrow account, to be given to the litigant who gets a favorable verdict at the end. This way, the other party cannot benefit from it and they will come for a settlement in quick time for a small amount. more
Apr 05
What can you say? It is unfortunate, and it is a common practice across india that kith and kin with the help from corrupt land grabbers are entering into such practices. First obtain certified encumbrance certificate of the subject land from concerned land records office. That is first and immediate action you have to take, then file complaint in the court. Trust the court and you will win the case for sure. But it will take some time too. more
Apr 05
