Legal Question in Construction Law in India

My father purchased constructed house 1200 sqft in my mothers name in the year 1982 .agreement of sale executed in 1982 and paid amount by keeping a balance of Rs.500/- to be paid at the time of registration. GPA executed in my mother's name in the year 1982. In the year 1992 my mother GPA holder paid the balance of Rs.500/- to the vendor and he has given a receipt for having obtained the balance payment and my mother expired in 1992 and subsequently my father also expired in the year 1995. In the year 1999 my eldest sister was advised by some people to register the house and the same was registered in my name i.e brother. stating Vendors GPA holder (ELDEST DAUGHTER). I have transferred BESCOM, A Khata Certificate obtained from BBMP, and since I felt that the old house to be demolished, i applied for BBMP plan approval and got it sanctioned for the same. Water connection deposit also paid to BWSSB. Later I applied for bank loan and obtained loan from the nationalised bank. The construction was under process when it reached to the lintel level. Some 20 henchmen alongwith one local police arrived at the construction site and informed us to stop the construction as they have taken the caveat. The order states that the defendant to adhere to the law and to maintain status quo. Later received registered post from the plaintiff counsel with all documents. To my surprise it is seen that the vendor who gave agreement of sale, receipts for having paid the consideration, GPA to my mother has expired in the year 1998. and the vendors wife has registered through GPA stating she is the legal wedded wife and since her husband expired she is selling the property and has registered through sale deed in the year 2006 to X. Subsequently in the year 2011 Mr.X has again sold the same property to Mr.Y. Mr.Y has approached the BBMP for khata transfer and it is still pending in BBMP authorities. It is also seen that Mr.Y has submitted B Khata certificate Now Mr.Y has filed a case against me. I approached BBMP office and enquired with the Assistant Revenue Officer and showed my A Khata certificate and also Mr.Y�s B Khata certificate. ARO stated that B Khata certificate is of fraudulent nature. The khata number which I have is different in the plaintiff B Khata. Hence I asked ARO to give me the written report about the same. Also gave a police complaint to BMTF about the B Khata certificate and to investigate the same. My house construction has been stopped as I should not contempt the court. I am totally messed up with all this scenario. I want to vacate the stay. I want to win the case. I want to construct house. I am having the physical possession of the house since 1982 to till date i.e 31 years. I dont know what should I do. Kindly HELP ME. HELP ME. HELP ME.


Asked on 10/18/13, 8:45 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

19.10.2013

Dear Sir / Madam,

You should get the Tehsildar / District Registrar to investigate and confirm that the "B" Khata Certificate in the possession of Y is fake and fraudulent. You should also file a case in the Court against "Y" stating that Y is not the Owner of the plot and that Y has fraudulently obtained a stay on your construction which needs to be immediately evicted, and the Court ordering the resumption of construction on the site.

Regards,

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Answered on 10/19/13, 3:38 am


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