Double registration of property
2 years ago
I purchased two plots in my father's name in 2007, which was transferred to my mother name as settlement in 2012 . mother expired in 2018.later now in 2021march my father and siblings registered the plots in my name.now a third person (D) is claiming the property saying his father has purchased the plots in 1979 itself.
Actually the mother document details are in 1962 the total area has been purchased by a couple (A)and they appointed power agent (B) for this total area of 16acres.meanwhile they joined with another person (C) and applied for layout and got it sanctioned by the corporation in the name of C.
Party A both of them expired. party B also expired.
Party C has paid some amount to party A's leagal heirs and got the authority to sell the remaining plots in the layout in 1985 ( they have not registered this).
I purchased the plots from party C's legal heir and registered the same in 2007.paying my taxes for past 13 years.and the plots are in my possession.
The new person party D claims my property saying that the plots were purchased by his father from B (the power agent) and registered the same in 1979.
Now after my registration in March 2021 party D has registered same plots in his name as a settlement deed from his father bin April 2021.
From 1979 till date they (D) have not paid any tax nor they possessd the property in any means. After I purchased in 2007 I had a tin sheet shed 20*20 size till 2020.
Now I would like to know what should I do legally to safeguard my property.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Ek 1962 .1979..2007.inme sabse first sale deed 1962 ka hai. Original landlord 1962 wala hua. Yadi 1979 wale ne 1962 wale se disputed land sale ki hai. Tab owner 1979 wala hota hai. Ab aap ki problems ka hai. Ydi aap ne 1962 wale owner se disputed land purchase ki hai. Tab aap ka sale deed void ho jaata hai. Kyon ki jo land pahle hi sale ho chuki hai. Usko disputed land sale karne ka koi adhikar nhi hai. Ab question ye paida hota hai ki kya aap dono dwara disputed land ko 1962 se wale se hi kharid ki hai ya nhi.
Your title on the property can no longer be disputed by the Party D, as his claim is barred by limitation period. The Limitation Act prescribes that any suit related to immovable property has to be filled within 12 years from the date of adverse possession by the defendant against the plaintiff. In your case more than 12 years has already passed, so your title is now legally secured.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Even though party D might have a claim in the property, his claim is barred by limitation period. The Limitation Act provides that possession of immovable property or any interest therein based on title, suit has to be filled within 12 years of when the possession of the defendant becomes adverse to the plaintiff. In the present case, more than 12 years has already elapsed, so party D cannot dispute your title now.
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