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  • How to file a case and duration of case to be solved


    Wondering how to file a property related case if the property is registered jointly? Looking out for detailed steps? On this page check out the responses from our experts.

    We have a property which is owned by us from 30+years.
    But recently when we applied for Encomberence Certificate we came to know that in one of the year the property was also registered to second party.
    But the issue is:
    1.The second party is unknown to us.
    2.We have never faced any questions from thabjt party.
    3.The tax for property is paid by us every year.
    4.We have all the necessary documents related to the above.
    5.To be noted.During the duration in which the other party name is mentioned in Encomberence Certificate a case was filed by the layout management and
    won.
    So now if a case is filed how long does it take to solve it?
  • Answers

    5 Answers found.
  • By reading what is given in the question, it does not give a complete idea on the matter.

    Do you possess the original documents with you now?
    Is the property possessed and occupied by you now?
    Have you paid all statutory dues on the property in your name and obtained receipts?
    Do you have the latest encumbrance certificate and it does not show any encumbrance as on date?

    In the above case if you answer yes for all and there is no encumbrance existing as on date, then you need not worry. There could have been some temporary security lien for some specific purpose and it would have been cleared. If so both creation of lien and clearance of the lien would be reflected in the encumbrance certificate( obtained for a suitably long period of years.).


    You have stated "To be noted.During the duration in which the other party name is mentioned in Encumbrance Certificate a case was filed by the layout management and won."- Who filed case against whom ? Who won the case? What I presume is that there would have been some 'attachment before judgement 'on the property for some claims and the case would have been won by you and thus the lien would have been lifted.

    If there is still an encumbrance and it is not lifted, then it can be assumed that the other party had won the case and hence the lien continues. In that case he would be preparing for execution of the attachment in his favour as per court orders..

    If you had won the case then you should ask your lawyer to take steps to lift the attachment from the property. There is also a chance that the other party has obtained stay or proceeding with appeal in higher court.

    As you have mentioned about a case, it is better to contact the your lawyer who dealt that case and ask him to the needful at the earliest.

    Regarding the time frame, every case has a limitation period for filing original case ,appeal etc. Civil cases may or can take a long time to come to conclusion. All these you can clear by taking up with your lawyer.

  • First and foremost thing in such cases is you have to check the documents regarding this property available with you. You are occupying it for 30 years but what the papers say? Is the registry of the property in your name or not and what is the date mentioned in it. You have to check your name there (or your family member) as one of the party to whom this property was registered in the office of then existing registrar office. If the registry was in your name then how can it be again registered in other party name without your knowledge or signatures on the ransomer of property documents. If someone has done a fraud of that kind then it has to be investigated and it makes sense to lodge a case like that. This would require talking to and consulting a lawyer who can give a correct advice for lodging a case against any fraudulent activity by any person or entity.
    Let us examine the other side of this story. Suppose you find that the original registry is not in your name but some near relative or other custodian then you have to find from that person as how he can go for this transaction without giving you an information because you are occupying that house and property. Hopefully he might be unaware of this if someone has done fraud without his knowledge.
    You have also faintly indicated that the layout management won a case. It is very important information. What was that case? Why layout management lodged it? Against whom they lodged it? Was it the same entity in whose name the property is shown to registered in one of the past years? These things are to be known with clarity before proceeding in the matter. It is not advisable to go for legal recourse without doing one's homework satisfactorily in the matters of property dispute.
    So there are many aspects and dimensions to this problem and before going for any case filing or dispute raising, first you have to check your documents in hand and then take the advice of a lawyer who would be the best person to give direction in the said case.
    If you provide more information about the case revealing all the details then the experts in this site would definitely try to help you in the matter.

    Knowledge is power.

  • Owned by the said property from 30+years is okay, and would like to know 'from' whom the property was registered to second party as per Encumbrance Certificate shown? Your property Survey number / Address etc. matching on it?

    1. Any known or unknown also can be registered the property as long as the last owner of the property or his/her delegation is accepted or registered it to the next one or unknown one.

    2. They will be silent for sure but when the owner or the property share holders' are going to be a part or build or sell it to other then the issue may arise it.

    3. Your name or Property owner's name is matching with the Tax receipt?

    4. Do you have original documents as of date matching with the property owner's name? If yes, you said EC registration is wrong or the next property holder reference etc.

    5. It is not clear who won? You or your family people (property owner's) won it or the latest EC (Encumbrance Certificate) showing name (person) or joint loan etc.?

    Likewise there few more queries against the property and the unknown person's registration per EC or Property Registered Paper and reference.

    The Property case may take many months or years depend on the weightage of the people, registered paper, lawyer, opponent and hearing etc.

  • The property is in your possession or not. This is one important factor to decide. You said that you are paying the property tax and I hope you are paying on your name only and you have the receipts for the same.
    The property is in on your name from the lost 30 + years. Did you purchase the same from the original owner? I hope you have all the original documents of registration in your name and also the link documents.
    Who is the layout management? I understand that is that the layout was made by a party and you have purchased it from that party. Already the seller of the property to you won a case against the party whose name is mentioned in the EC. Please get a copy of the court order from the layout management and keep it in your records.
    Now it is better you consult a good lawyer preferably a lawyer who is having in such cases and show him all the papers. You have to show him the original documents, the link documents, the court order regarding the case filed by the layout management, property tax payment receipts and the latest EC. He will advise you on the next course of action.
    Court cases against these land or property disputes will take a lot of time for finalisation. My brother in law purchased land in Hyderabad and constructed a house and staying there for the last 14 years. He is paying regularly property tax. There is a dispute and the other party has filed a case in the court for the last 12 years. Still, the case is pending and the other party is not attending the court but their lawyer is taking the next dates. Your lawyer will advise you on all these matters.

    drrao
    always confident

  • You should go through the property paper remaining under possession and ensure that your name or father's name is included in that document. If there is no such deviation, be relaxed that it cannot be possessed anybody else unless you sell it to any other party.
    You have indicated that layout management has won the case but from that statement it is not clear with whom the party has won. In that situation, you have to go through the original document of the judgement for the better clarity.
    You are telling that the taxes were filled up regularly from your end and you could not detect any anomaly in relation to existence of another part claiming that property.
    It is better to approach a lawyer to know how a property can be registered to the other party without your involvement for the sale or otherwise. There are many ambiguities such as the winning of the case and from this statement it is not clear who is winning and for whom the case was initiated. It is even not clear how both the parties you and layout management is paying taxes simultaneously and there is no objection from the tax paying authority.
    All these related questions can be sorted out with the discussion of a lawyer and proceedings can be initiated as per advice.


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