Missing person's property fradulent transfer
pavan kumar
(Querist) 27 January 2012
This query is : Resolved
Hi
Recently aclient approached me with a problem. His grandmother went missing in 1995. His father complained in the policestation and got a missing certificate in 2002.Later his father expired. Recently when he was searching for some documents he found a will of his grandmother bequething him a piece of land she accquiredfrom her savings. But as she went missing, there were no title deeds. My client however managed to get a certified copy of the deeds from the registration authorities. When he applied for encumburence, to his dismail the land was registerd with someone else photo. what are the steps I am supposed to take now? please advice me
Raj Kumar Makkad
(Expert) 27 January 2012
You shall have to get declaration of your grandmother a dead legally. You can get it on the basis of police report of 2002 and then claim change of ownership in your name of the basis of aforesaid will in the relevant record.
You engage a counsel dealing civil matters and he shall do all proceeding on your behalf.
M/s. Y-not legal services
(Expert) 27 January 2012
makkad sir., mr.pawan should be an advocate only.. on behalf of his client only he posting this query..
am agree with makkad sir's legal view., apart from that am suggesting you lodge a criminal complaint against them.. as well as write a complaint to the concern revenue official to cancel the illegal mutations which is against law..
if its necessary mean file a writ petition to direct the revenue dept. to interfer and enquier the same..
-tom-
Devajyoti Barman
(Expert) 27 January 2012
Though you needs to declare her as civilly dead from court of law, for the time being you can file a suit for declaration and injunction to get her property disentangled.
If you wait for this till the declaration of court for declaration of civil death, lot of time would be expired.
You having better title that that starnger can file such suit as legal heir and representative.
adv. rajeev ( rajoo )
(Expert) 27 January 2012
File a suit for declaration and injunction against the person at present whose name is appearing
Sailesh Kumar Shah
(Expert) 27 January 2012
you have stated that:-
"the land was registerd with someone else photo",
if it is after 1995, then proceed as advised by ld. experts.
ajay sethi
(Expert) 27 January 2012
agree with experts
pavan kumar
(Querist) 27 January 2012
Thanks one and all for your valuable suggestions. Can any one help me with the format of deceleration suit?
V R SHROFF
(Expert) 27 January 2012
You have to engage a local Advocate to do the entire job. Don't do yourself, even if it is of your client's problem.
U never declared u r advocate or not.
However, you need Advocate to help your client.
So do not ask formats for it.
Certain work, we must learn to delegate.
The person who delegate his work, is the most successful, and one of the richest persons of world.
One who try to do all work by himself , goes below line of poverty, a failure, unhappy figure. Afterwards people laugh at him.
Be Successful, avail professional help , for everything you do in life;" EVEN IT TO HELP YOUR CLIENT. "
prabhakar singh
(Expert) 28 January 2012
Look for format and begin with bad idea.
Drafts are not ready made suit.
In my opinion you have to plead in your suit that your client's grand mother made a will in your clients favor where after she got missing unknown in 1995,a police report was made but police could not traced her as said said in 2002 report.Since 07 years have passed your clients 'grand mother shall be presumed to have been died with in meaning of section 108 of Evidence Act and since she has TESTATED a will, your client is the owner and possessee of her all properties.
Seek injunction against persons who have got impersonated sale deed registered and also seek cancellation of their false impersonated deed alleging recent knowledge on inquiry of encumberance pleading their sale deed void on the ground of impersonation.Mind you need a thumb impression of the lady on some document other than will and the disputed sale deed and the sale deed must be after she was reported missing and will must be of date prior to her missing.In case the will is registered one and with photograph,you have a 200% case.
