Illegal transfer of land
Karim
(Querist) 01 November 2014
This query is : Resolved
Dear Sir,
My Father's elder brother was a bachelor had a ancestral property land of 7.5 acres on his name. He had a paralysis attack 20 yrs back hence was not keeping well since then. He passed away in 2004. During his lifetime, his share of land was illegally transferred by his servants wife on her name illegally without any information to our family.
Initially, my father had filed a suit in the registrar court to cancel the transfer as it has been done illegally. The servant by paying huge bribe to the Registrar had somehow successfully transferred the land on his wife name. We, the family decided to give certain portion of land as out of court settlement and take back the land which he has transferred illegally.
The servant had initially agreed to it and now has revolted against the decision. Please help us with appropriate procedure to take back the land which he has transferred illegally.
Thanks
Karim
Rajendra K Goyal
(Expert) 01 November 2014
If the land was transferred without the consent / signatures / without free consent / in unsound mind conditions, challenge the sale deed. If documents forged lodge police complaint.
Devajyoti Barman
(Expert) 08 November 2014
The transfer is void under the eye of law for which suit for declaration can be difficult. However the same would be difficult to prove more son when the bother is dead.