Property matter
Querist :
Anonymous
(Querist) 26 September 2011
This query is : Resolved
SIR,
I BOUGHT THE RIGHTS OF A PROPERTY 1996 , THE PLOT NUMBER ETC OF WHICH WERE YET TO BE ALLOTTED . THE PERSON FROM WHOM I BOUGHT THE PROPERTY WAS BACHELOR AND DID NOT MARRY DURING HIS LIFETIME . THE SELLER EXECUTED ATS, GPA, SPA ETC . APART FROM THE ABOVE THE SELLER ALSO EXECUTED A WILL IN MY FAVOUR WHICH WAS DULY REGISTERED WITH THE SUB-REGISTRAR DELHI . IN THE SAID WILL DESCRIPTION OF PROPERTY IS WRITTEN AS "250 YD PLOT IN ROHINI DELHI ".
I APPLIED FOR THE MUTATION IN DDA BUT THE DDA DID NOT MUTATE THE PROPERTY IN MY NAME . I APPLIED FOR THE OBTAINING THE DOCUMENTS OF THE FILE PERTAINING TO THE SAID PROPERTY FROM THE DDA IN 2007 . BUT THE DDA DID NOT GIVE THE DOCUMENTS . IN THE MEATIME IN 2009 I FILED A CASE FOR PROBATE IN DELHI. THE NOTICE OF THE SAME WAS ISSUED TO THE PERSONS CLAIMING TO BE HIS CLASS -II LR'S . THE LR'S APPEARED THRU THEIR LAWYER ON THE FIRST DATE BUT NEVER TURNED UP THEREAFTER THEREFORE THE MATTER WAS PROCEEDED EX-PARTE . NOW THE PROBATE LETTER / LOA HAS BVEEN ISSUED IN MY FAVOUR. I HAVE APPLIED FOR MUTATION OF THE SAID PRIOPERTY IN MY FAVOUR IN DDA BUT THE DDA IS NOT MUTATING IN MY NAME . NOW THE DDA HAS SUPPLIED ME THE DOCUMENTS UNDER RTI . FROM THE DOCUMENTS IT HAS BEEN REVEAKLED THAT THE COUSIN BROTHER OF THE DECEASED SELLER HAS GOT THE PROPERTY MUTATED IN HIS NAME BY CONCEALING AND FORGING THE PAPERS THE FACT THAT THE CHILDREN OF THE DECEASED SELLERS REAL BROTHER ARE STILL ALIVE . HE HAS GIVEN VARIOUS UNDERTAKING / AFFIDAVITS AND CERTIFICATES STATING THAT HE IS THE ONLY BROTHER OF THE DECEASED SELLER . AFTER GETTING THE PROPERTY MUTATYED IN HISA NAME HE EVEN SOLD THE PROPERTY TO SOME THIRD PARTY . WHO IN TURN HAS SOLD IT TO SOME OTHER PARTY . WHO ALSO HAS SOLD IT TO SOME " X" PARTY . NOW HOW CAN I CLAIM MY PROPERTY ? WHAT ACTION SHOULD BE TAKEN ? KINDLY ADVISE . VK
ajay sethi
(Expert) 26 September 2011
when did the cousin brother mutate property in his favour? was it after death of seller?
you will have to file criminal complaint against cousin brother for cheating , forgery etc .
in addtion you will have to file civil suit for declaration that you are the owner of said property and make all the purchasers party to the suit .
prabhakar singh
(Expert) 26 September 2011
The situation has arisen before you for only one reason that you have not thought proper to pay stamp duty and a registered sale deed,so that you could have got mutated in the very life time of the owner.
Any way now you need to file a suit of declaration and cancellation of all sale deeds involved,also get clear that first sale deed was made prior to the appearance or after the appearance in probate proceedings by your seller's class ii LRS .
This is a must now .
Criminal proceedings are optional,as they shall not give you any relief with regard to rights on property,though if pursued properly, will certainly create a pressure on accused to bow down ,although not so easy because purchasers are there one after the other.
Querist :
Anonymous
(Querist) 27 September 2011
THE MUTATION WAS DONE IN FAVOUR OF THE COUSIN BROTHER AFTER DEATH . SECONDLY IF THE THE LR'S OF THE REAL BROTHER GIVE STATEMENT IN MY FAVOUR IN THE DDA AND I FILE A SUIT ONLY FOR DECLARATION AND MUTATION ON THE BASIS OF LOA WILL IT SUFFICE? FURTHER AS I THINK ,WHEN THE PROPERTY HAS BEEN SOLD FRAULANTLY BY A PERSON WHO IS LEGALLY NOT AUTHORISED TO DO SO THEN ARE THE ALL THE SALE DEEDS NULL AND VOID ? IT IT NECESSARY TO MAKE ALL THE PURCHASERS PARTY AS THEY ARE ILLEGALL PURCHASERS . THANKS . VK
ajay sethi
(Expert) 27 September 2011
no it will not suffice . you have to challenege the sale deeds too . the third parties who have purchased the said property are formal, proper and necessary parties to the suit
