I have talked about a new journey started to post that we are going to build our dream home. But later we have found that the property we bought has a dispute, as it was sold twice. The first one to us and another person was also saying that this portion of land belongs to him.

Cheaters in India

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Can a land be registered in two names?

To be honest, we didn’t check anything while buying the portion of land as my brother believes the seller. The seller was the best friend of my brother’s friend. But after this double registration of land issue, I strictly decided not to trust anyone as this is the biggest cheating that happened to me in my life to date.

I get my advocate to check the issue, he went to the search registrar who registers the land & property in Surat. We have found that It was sold twice and both the buyers were listed on the Government records. Holy shit! How can the government officials register the same property being sold to different owners? Do they actually check the records before making new entries on the records?

Later I found that the government system has many loopholes that cheaters are taking advantage of. The sub-registrar who usually registers the property told our advocate that if you come back to us with registration fees + stamp, we can make Dastavej(Property documents) and register it on our records by considering it as a real buying-selling deal. If you want to register the railway station in your name, you can do that, Lol!

Right now, Government is trying to get everything online just to make everything transparent but some cheaters are still taking advantage of the system loopholes like this.

The local police station didn’t help much as it was a court matter and we need to file a court case against those cheaters to get our property registered with us(which is actually bought by us).

What Happened Actually

We bought land to build a home, but one more person came to us and told us that it was purchased by him as well. Government records were also describing him and us both as the owner of the same property.

We took the advice of everyone and moved here and there to get some solution, but the actual plan of those fraud gangs was to settle the matter by asking for money from us. Once we give money to them, they simply apply for the cancellation of Dastavej and hand over those documents to us. But I didn’t agree because if they can be on Government records, they can do anything later after few years.

The last option we do have was to file a case against those cheaters to clear our property documents. But it was too much time consuming, as the advocate told us that it will take a minimum of 3-5 years to get this dispute resolved.

My Calculations

Since I regularly invest in the stock market & mutual funds I know the value of time & money. I did simple math of the amount I used to purchase that portion of land and it was as below.

Rate of Interest Cost (INR) Total Cost to me
Cost of Property 1500000 1500000
At 1% Interest after 3 Years 540000 2040000
1% Interest after 5 Years 900000 2400000
2% Interest after 3 Years 1080000 2580000
2% Interest after 5 Years 1800000 3300000

The above table shows how much amount it will actually cost to me after 3 years and after 5 years if I file a legal case against those cheaters.

I simply calculated the total cost of land with a 1% rate of interest after 3 years and after 5 years. However, in India, the common rate of interest is 2% if we lend money to someone. Homeloan rate of interest is nearly 6-7% actually.

If the case continues for 3 years, the amount I lose is 5,40,000 INR as an Interest of 1% ROI, while 10,80,000 INR as an interest of 2% ROI which is more than the amount we have invested in the building structure. As we have invested around 5,00,000 INR just to build the foundation of the basement of our Dreamhouse.

I saved my 3 years by settlement as it cost me 5,00,000 INR to built a foundation & I forget the amount to settle the issue with the seller. I got a dispute-free portion of land which I will be selling & get cash out of it to have my house home again.

Why We gave up

We already submitted a written request to Kamrej Police Station in this regard but they are consuming a lot of time. We get there by traveling 20KM from our home to the Kamrej Police station every 3 days to check the status of our case but they kept telling us we are working on it.

The main thing is we have to leave our work on the side, just to visit a police station like this, again and again, to see not resolved status at the Police station was just mental stress.

I thought, if we keep visiting the Police station like this, again and again, it will only waste our time as Police will not work on this case, nor they will file an FIR on this case. Plus if we file a legal case against those cheater peoples, it will only waste our time + money as stated in the above table. Because cheaters seem habituated with police & court case while we are not.

If the government can save the time of middle-class people, it will be a big change in the history of India.

To save time along with our hard-earned money, we took a shortcut to settle our issue with the seller. We forget our money invested to build the foundation(5,00,000 INR) & ask them just to give us another portion of land & keep this disputed property with them. They actually wanted us to ask this thing them.

They offered us a little less sized plot in the same society and we were happy with that. It was time-saving for us & we get freedom from every day’s mental stress.

Suggestion to Government

I think there are many people like me who are being cheated by those cheaters in Property fraud everywhere. There are many loopholes in the system that they should actually work on.

1. Ask the registrar to verify the details of the property before making them on Government records.

2. Minimize the time being taken to give justice to the peoples & resolve court cases faster than now. We are living in 2021, not the 1960 age.

I do not have any authority to change the law but at least the Government can do this. They should analyze legal cases like this, find the common thing between each case, and make laws based on the justice given to help more peoples.

How to identify double registration

Later, I came to know that there is a report called a search report of property in Mamlatdar office which we should take before buying any land or property. Which shows all names of buyers and sellers and you can come to know how many people own that specified property. Here you get an actual report on how many people own it, whether it’s owned by a single owner or there is a double document of land.

If you are planning to buy any property, make sure you check the search report of the property from the property registration office.

Conclusion

Right now I do have money and I stuck in a situation like this, what will happen to the poor people? Just think about them and you will get an idea why some people suicide, as they don’t get justice or being pressurized by big names.

I still believe that the Government is changing the environment for middle-class peoples and it will be changed in the next 5 years.

“To change the system, you have to be in the system” & I was not in the system so I have to give up. I am waiting for the Government to fix the loopholes like thins in their system so that citizens will not be cheated in the future.