Cancellation of sale deed
Rajendra Prasad
(Querist) 30 July 2017
This query is : Resolved
Can Land Sale deed be cancelled by Settlement Officer of land & revenue deptt.? The deed is false fabricated as it is in my name as seller whereas I have not sold.
Guest
(Expert) 31 July 2017
Settlement commissioner according to me can not do cancellation of sale deed. This cancellation of sale deed can be done by Hon. Court. Additionally if you are not party and some proxy has taken your seat then criminal proceedings also you should initiate against that person by filling FIR etc.
Settlement commissioner and Settlement officer are two different post , this chain of hierarchy is mentioned in Land Revenue Code , There are two components in Land revenue code , 1) Revenue Officers 2) Survey Officers . Both have their own hierarchy .
If you talk about Settlement Commissioner then he is very high ranking officer of state (Rather almost top most person ) regarding Land records etc.
On the other hand settlement officer is mid level officer , below Dist . Supt land records.
Both people can max. take decision only whether your name should be removed or not , but in such case they too will recommend to file FIR , move towards Hon. Court to get those deed cancel , and till the final out come they won't take any decision or no entry will be made and your issue of entering new name instead of your name will be kept in disputed matter register or some kind of official legal dormant matter subject to out come from criminal /civil court.
Since Survey officer hierarchy are in charge of maintaining land records so they can not talk more than land measurement , survey matter , or they do summary enquiy of legal heirs name insertion if there is simple transaction of sale purchase and papers are in order they do entry etc.
Since your problem has different jurisdiction and not land record chain , but you need to give intimation or raise issue with them that they should not do entry , Generally before doing entry of any transaction notices to all parties are also issued. But again they are fraud people they will see notices never reach you , so you need to check land record monthly , additionally start criminal proceedings , civil proceedings. etc.
And in light note such offense take place , In light note , One Police Commissioner passed comments this criminal will even make fake documents and sell this police station to some one, Kutch bhi kar sakte hee
Kumar Doab
(Expert) 31 July 2017
You have been sufficiently advised.
Rush to approach local senior very able counsel of unshakable repute and integrity specializing in such/civil matters.......
krishna mohan
(Expert) 31 July 2017
You can consult a senior legal expert on property matter to issue legal notice to both buyer, seller and witness who have witnessed the sale deed to take note of fraud committed including file FIR with the local police to protect your property from encroaching. Your lawyer will advise you on seeking court orders for cancellation of registered sale deed including praying orders for restraining any party to sell or mortage or develop the property under dispute.
Kumar Doab
(Expert) 31 July 2017
A fraudulent act has already been committed as per your post.
You need to act as already suggested above.
Rajendra K Goyal
(Expert) 31 July 2017
You can lodge FIR against the fraudulent act.
Approach civil court for cancellation of the document.
Dr J C Vashista
(Expert) 01 August 2017
Well advised by experts, I agree.
Seek professional services of a local prudent lawyer for cancellation of Sale Deed by filing a suit in civil court and lodging criminal case/FIR against the wrong-doer.
