Fraudulent Registration of Sale of Land Document


 I have a case in which a piece of agricultural land is said to be sold. The registered owner a lady says that the photograph and signature/Thumb Impession on the sale document are not of the owner of the said to whom the custody of the land is. Now as per my client wish I want to get the fraudulent registration cancelled. What should be my course of action? Under which act I can file a case? whether a case can be a civil suit or Civil Application? under which Order and Rule of CPC? Please guide me
 
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The proper remedy is to file civil suit for cancellation of the aforesaid saledeed.U may go through section 7 CIVIL PROCEDURE CODE.

 
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if you are representing origial land lord, then you can file criminal complaint for misrepresentation, cheating against the person who has executed the sale deed on behalf of original land lord also for cancellation of sale deed
if you are representing registered owner, then you can file criminal complaint against the person who has executed the sale deed on behalf of original land lord.
Also the registered owner may approach the original land lord for execution of confirmation deed to confirm the earlier sale (by negotiation)
 
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Thanks Mr.Kashinath and GopiKrishna for your valuable suggession.The so called buyer of land is willing to co-operate and wants the registered document cancelled in favour of original land lord. My querry is how I can get the registered document cancelled on premise of fraudulent representation before registering authority. Whether to got to civil court or the Registrar has got power to cancel the document?


Please elaborate.

 
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lawyer

File criminal complaints under IPC 463, 465, 466, 420, 406 and prayer inquiry under Sectopm 56/3 of Criminal Procedure Code with an order on Police Authority to submit the proof including inspection of documents and thoroughly check at Forensic Sc. Lab for its correctness and genuineness (more particularly Hand writing and Thumb Impression check) - also file a suit for cancellation of Sale Deed cheating made and obtain an order cancellation of Deed directing the Sub-Registrar of Assurances to cancel the deed and also revenue and/or municipal, City Survey or such other authorities to cancel the mutation entires made and to restore the name of actual owner. Also pray for relief of returning the possession of the land in question to the original owners also directing the police authority and under police protection take over the possession. I think this will solve the problem and will restore your ownership possession etc. and under criminal complaints/case the culprit will be punished for all his bad deeds based on the report of Forensic Lab also the persons whosoever has helped knowingly or unknowingly including the wintesses signing the Sale Deed shall be punished for assisting the offence (which may include if any lawyer/notary/gazetted officer or such authoritatives are involved) - also you can pray for compensation for the time the possession held by the other party and cost of all litigations. We have instituted one case before the Additional Principal Judge of District Court (Rural) at Ahmedabad bearing No. 408 of 2008 and same cause and circumstances are there wherein the same thing is cheatingly done for premises instead of land. If you are somewherein in Gujarat or in near place of Gujarat, I can extend my services free of cost for guiding and drafting you entire litigation including civil and criminal pl reply me per email through this portal.

 
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when the registered buyer is co-operating, then draft the cancellation of Sale deed and incorporate the said contents and register before the registry, but you may have to pay the stamp duty on the amount shown in the cancellation deed, you may check the stamp duty with the registry

 
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Legal Consultant

I suggest u should pursue  both criminal as well as civil actions

 
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As you are representing original land lord you are liberty to file criminal complaint against the person who executed sale deed fradulantly, but as per my opinion simultneously you need to file civil suit seek cancellation of sale deed executed fradulantly.  

 
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n/a

you can cancel the above said fraudulent document under indian registration act r/w local state registration act.   The document may be canceled by registration of cancel document before Register Office with in 90 days.    


Otherwise you may filed a suit  before appropriated court under Order7 Rule1 of  CPC with in 3 yrs(Under limitation Act)  and under Local state court fees Act(for purpose of court fees)

 
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Advocate

Criminal case is not a proper remedy.No sale deed can be annulled through a criminal case.Moreover,it is the vendee who has been cheated and not your clientess.As your clientess has not executed the sale deed,she can not cancel it by a deed of cancellation.The proper way is to file a civil suit for cancellation of the sale deed.
 
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