Discovering that someone has included your property—or a portion of it—in their sale deed can be alarming. Whether intentional or by error, this can lead to severe legal complications. It’s important to take immediate and well-planned action to resolve the issue.
Identify the Issue
The problem arises when your property’s survey number, either in part or whole, gets added to another person’s sale deed. This might occur during the sale of multiple survey-numbered properties, and your property’s number is either mistakenly or deliberately included.
Unintentional or Deliberate Inclusion
Sometimes, the inclusion of your property’s survey number is accidental—a simple clerical error. Other times, it is done deliberately to create confusion and lay claim to part of your land.
How It Appears in Official Records
Once the sale deed with your property’s survey number is registered, it will reflect in the Encumbrance Certificate (EC). This creates unnecessary complications and might lead to legal entanglements.
Possible Consequences
If left unchecked, this erroneous deed can be used as a foundation for further transactions—such as a resale, mortgage, or settlement deed—creating an even bigger legal mess.
Why Do They Do It?
This could happen due to typographical errors, or in some cases, the buyer may deliberately include your property to create legal challenges, hoping to eventually claim ownership. In other instances, it might be an attempt to show larger landholdings for purposes such as securing bigger loans or obtaining higher compensation in cases like accident claims.
Possible Culprits
The person behind this act could be someone close to you—relatives, neighbors, business partners, or even unscrupulous real estate agents. Typically, those familiar with your land are more likely to commit such deeds.
First Step: Open Communication
Once you discover that your property has been included in someone else’s deed, the first step is to approach the person responsible. Remain calm, and inquire whether it was an honest mistake or an intentional act to encroach on your property.
If It Was a Mistake
If the individual admits that it was a mistake, you can both file a joint petition with the Sub-Registrar to rectify the error. Submit the necessary documents to ensure that the wrong survey number is corrected, and prevent future legal issues.
If They Don’t Cooperate
However, if the person refuses to cooperate or claims that their deed is valid, your next move should be to protect your property physically. If there are no fences or boundary walls, consider erecting one immediately to deter any encroachment.
Gather Evidence of Ownership
Ensure you have all relevant documents—such as the title deed, previous sale deeds, patta (land registry document), chitta (land revenue record), and any maps—proving your ownership. These will be crucial for any legal actions you take.
Notify the Registrar
With your documents in hand, file a formal complaint with the Registrar’s office, citing the erroneous inclusion of your survey number in the other person’s deed. Explain that the property has been wrongly documented and request that the sale deed be revoked under Section 68/2 of the Registration Act, 1908.
Send a Registered Notice
Send a registered letter to the District Registrar with all the necessary details. Include the survey numbers, copies of your documents, and the registration number of the fraudulent deed. This serves as an official request to cancel the incorrect registration.
Meet the Registrar in Person
Once you’ve sent the registered letter, follow up by visiting the District Registrar’s office in person. Present your complaint along with your documents, and request a formal investigation into the fraudulent registration.
Issue a Legal Notice
Additionally, send formal notices to the local municipal offices—such as the panchayat, town, or city council—informing them that no taxes or permits should be issued against the property in question, as it belongs to you.
Notify Financial Institutions
Send similar letters to local cooperative banks, agricultural banks, and nationalized banks, informing them that the property is under dispute and should not be accepted as collateral for any loans or mortgages.
Involve Law Enforcement
If necessary, file a police complaint against the individual who included your property in their deed. Accuse them of forgery and fraud, and request a formal investigation. The police might question the individual and possibly deter further fraudulent actions.
Wait for the Registrar’s Action
Once your complaint is filed with the Registrar, they will either order the cancellation of the fraudulent deed or suggest that you pursue the matter in court. This process can take time, so patience is essential.
Legal Recourse
If the Registrar’s office cannot resolve the issue, consider filing a case in civil court. Begin with mediation or arbitration centres for a cost-effective resolution. If that doesn’t work, take the matter to civil court for a final decision.
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