Question:
I purchased a piece of land 8 years ago through a power of attorney holder. However, I could not take possession because another party claimed ownership. The Assistant Commissioner (Land) recently canceled our registration, stating the land was previously sold to the claimants. The seller is now avoiding the issue. I am abroad, and my father’s health is poor. What legal steps should I take?
Answer:
This situation requires prompt legal action to protect your rights and recover your investment. Here’s how to proceed:
1. Verify Ownership Records:
Check the official land records (Khatiyan, Porcha) and the mutation certificate to confirm the ownership status and ensure your purchase was valid.
2. File a Case Against the Seller:
Since the seller is avoiding responsibility:
- File a case under the Specific Relief Act, 1877 for breach of contract.
- You can also sue for compensation for damages if it is proven the seller misrepresented the land ownership.
3. Challenge the Registration Cancellation:
- File an appeal against the Assistant Commissioner’s decision at the Deputy Commissioner’s office or higher land tribunal.
- Present evidence of your registration and payment to challenge the previous sale claims.
4. Claim Possession Through Court:
- File a Title Suit in the civil court to declare your ownership rights.
- Request the court to issue an injunction to prevent the other party from further action on the land.
5. Involve a Trusted Representative:
Since you are abroad:
- Appoint a legal representative through a notarized power of attorney to handle the case on your behalf.
- Ensure the representative is trustworthy and works with an experienced property lawyer.
6. Report the Seller for Fraud:
If evidence suggests the seller knowingly sold disputed land:
- File a criminal case under Sections 406 and 420 of the Penal Code for breach of trust and fraud.
7. Seek Alternative Solutions:
- Approach the local Union Parishad chairman or mediation board to attempt an amicable resolution.
- If feasible, negotiate with the claimants to purchase or settle the land dispute.
Additional Notes:
- The seller’s power of attorney must be verified to ensure they had the authority to sell the land.
- Stay in touch with your lawyer regularly to monitor progress.
By pursuing these steps, you can defend your ownership claim and seek justice against fraudulent actions.