Re: [HumJanenge] Need Help

Clearly there is a defect with respect to title of half the plot.
How did you get this situation, was the plot partitioned by
"metes and bounds" at any stage and you purchased from
2 persons. Was permission taken from the land owner before
sale/purchase ?

You may see section 54 of TP Act. It seems 50% of the plot
was never properly transferred, maybe you did some GPA/WIll
business. Kindly see the decision of SC dt.11.10.2011 in
"Suraj Lamps & Industries versus Govt of Haryana".

You must get the whole plot converted into freehold immediately by any
means, if the same is permitted and since you can show possession.
Or else you must "somehow" get the sale deed executed in your
favour for the remaining 50%.

Doing all these things will strengthen your case to get the survey done
and the plot properly transferred. Or is it the other way around ?.

On 3/25/12, BALA <balanaidu.akkana@gmail.com> wrote:
> Dears, Can you pls anyone give me the advice for the below issue. We
> have bought the site 6 yrs ago.(we are the 5th person. This site has
> been alloted some one in 1983 by govt). Half of the site got
> registered and half of the site got only sale agreement. Now we are
> built the house in whole site and got approval for half of the
> building which got registered. We have a border issue with adjacent
> site owner. Thats what we have applied for surveying the site to
> revenue dept and got surveyed. Next day opposite owner removed the
> marked stones. And then we had given complaint in police station as
> well as revenue dept. When we asked revenue dept for the action, no
> response and they told need to complaint in police station only. When
> we consult police dept(writer) for filling the case, they told case
> will registered only when getting complaint from revenue dept. Finaly
> we had consult lawyer, they told case can file only we have detail
> survey reports. We dont have survey reports bcoz surver had given only
> notice. For this we have applied through RTI but in vain. After we
> applied for 1st level appel to RDO. Now we have plan to apply to
> SIC.(We have checked in revenue dept unafficially that surveyer didnt
> submit detail report). So how we need to proceed?. Either legally or
> lokayuktha or appel to governor. Pls let me know any problem for my
> construction if we proceed legally?.
>
> --
> *Thanks & Regards
> Bala *
>