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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Property Ownership Isn’t a One-Time Task

It’s common for people to buy land or inherit ancestral property and leave it unattended, assuming it’s secure as long as the paperwork is in order. However, property ownership isn’t passive. There are hidden risks that, if not addressed, can cause major problems. This article highlights why regular vigilance is necessary for protecting your property.

A Case of Carelessness: The Example of a Landowner Near Chennai

A landowner bought an acre of land near Chennai, secured the title deed, fenced the property, and periodically visited to check on it. From his perspective, everything was secure. However, when the government recently digitized property records, the title deed was transferred to someone else’s name during the update process. The new titleholder even used this fraudulent title to secure an agricultural loan. The landowner was unaware of this until it was discovered by chance, causing him great distress. Now, he is making frequent trips to the revenue office to correct this mistake. This situation could have been avoided by regularly checking online records.

Mistakes in Documentation: A Story from Tiruppur

In Tiruppur, a landowner purchased property, updated the title to his name, and installed fencing. His survey number was 17. However, when another individual filed a legal mortgage case for a different property with the survey number 71, a clerical error occurred, mistakenly registering the case under survey number 17. This mistake went unnoticed for two years until the actual owner, on a friend’s suggestion, checked the Encumbrance Certificate (EC). He was shocked to find that a mortgage case had been filed against his land. Now, he is also making trips to the Sub-Registrar’s office to correct this error. A simple annual check of the EC could have prevented this issue.

The Importance of Regular EC Checks

It’s crucial to check your EC at least once every six months to ensure that no unauthorized transactions or errors have been recorded. This can help you catch any mistakes or fraudulent activities early on, saving you from future legal battles.

The Perils of Trusting Others: A Case from Coimbatore

A property owner in Coimbatore had an ancestral home with all the necessary documents—title deed, tax payments, and electricity bills—in his name. He entrusted the property to a relative, who lived next door, to manage in his absence. The owner only visited the property once a year. Over time, the relative created unregistered lease agreements for the property, forging the owner’s signature, and rented the house out for years. Eventually, the relative filed a court case under the tenancy law, claiming the right to purchase the property. The actual owner is now embroiled in a lengthy legal battle. This situation could have been avoided if the owner had managed the property himself and not left everything in the hands of others.

Neglecting Property Can Lead to Fraud

In another case from a village near Salem, a property owner rented out his village house to a tenant who paid rent every six months. For over ten years, the owner never visited the property but collected the rent diligently. Meanwhile, the tenant found it difficult to sell a nearby piece of land due to access issues. So, he decided to fraudulently sell the rented house, using the adjacent land as part of the deal, even though he didn’t own it. The buyer moved into the house, unaware of the fraud. The original owner remained oblivious, as the tenant continued paying rent. Only after an investigation did the owner realize what had happened. Now, a legal dispute is underway to reclaim the property from the buyer.

Frequent Property Visits and Regular Oversight Are Essential

It’s critical to not only check documents such as title deeds and ECs regularly but also to visit your property often. Don’t rely on others to pay taxes or utility bills on your behalf. Handling these responsibilities yourself ensures you stay informed about the status of your property and can prevent fraudulent activities.

Static vs. Dynamic Properties

Many people purchase vacant land, expecting its value to appreciate over time. While this may be true, land left unattended and unmanaged can invite trouble. Instead, it’s better to treat properties as dynamic assets, generating income through rental agreements, agricultural activities, or commercial endeavors. Actively using your property not only increases its value but also ensures that it remains in your control and is less susceptible to fraudulent claims.

Conclusion

Owning property is not just about possessing documents and occasionally checking on it. Property, like any other asset, requires active management. Regularly checking records, ensuring proper maintenance, and staying informed about the status of your property can save you from expensive legal battles and sleepless nights. Don’t let your property sit idle—manage it well, and it will reward you in the long run.

If you’d prefer to have everything handled for you seamlessly, you can click  here and contact us at verified.realestate . Our team of experts is here to provide comprehensive support and ensure a smooth and secure property buying experience.