Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

saipothula   26 January 2015

Land dispute

Hi

My brother used to have 10 Acres of land near Tirupati, AP. As part of a business settlement, he gave me 2 acres one at a time as gift deed registration. In 2010, we both had sold 5 Acres to a single party and the transaction is in single document which says that me and my brother are selling 5 acres in one survey number. Actually in this transaction I had sold 1 Acre and he sold 4 acres, but now he is claiming that I had sold 2 Acres and he sold only 3 acres. But I had only 1 Acre in that survey number, and my other 1 acre is in a different survey number and as per encumbrance certificate my 2nd 1 Acre is still on my name.

He some how gathered a Rs.100/- blank stamp paper with my signature, may be he had inserted that paper in between the previous registration papers and got it signed. Now he wants to misuse that and grab my remaining 1 Acre.

In that stamp paper we wants to write that I had exchanged my 1 Acre land which is in the other survey number to him with a 1 acre land in the survey number where we have sold 5 acres and claim that I have sold both my 2 acres. Or in that stamp paper he might even write that I had sold my 2nd 1 Acre to him.

Now what are our chances to win if we proceed legally.



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     26 January 2015

Apply for copy document of the same, if it substantiates your claim go for declaration suit to call the document null and void, as it was obtained under fraud, but the onus is on you to prove it was a fraudulent transaction and it lacks your consent.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     26 January 2015

Pl. approach Talathi /Tahasidar for 7/12  extract and 8/12 extract, which will indicate the name of the person concerned. If otherwise, Then you can complaint to Revenue Authority that the land of 1 acre has been transferred illegally without your consent.

Dr J C Vashista (Advocate)     27 January 2015

Obtain a copy to all documents, put up before a local prudent lawyer and proceed as advised.

T. Kalaiselvan, Advocate (Advocate)     28 January 2015

It is very simple that a transfer of property merely on a Rs. 100/- stamp paper has no legal validity.  However, if he claims that this property also belong to him ask him to initiate the legal action accordingly which you may challenge appropriately. Do not initiate any step from your side since the property is still under your possession only.  Consult a local lawyer and proceed as per his further advises.

saipothula   28 January 2015

Thanks Kalaiselvan. I'll follow your suggestion. Meanwhile is there anything else that I can do secure my land.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading