fradulent sale of the property

Querist : Anonymous (Querist) 20 January 2011 This query is : Resolved
some of our land properties are in the name of my father. he had expired 15 years back. the property in the revenue records are in my fathers name and i am enjoying the property by farming and paying regular taxes. now this property has been sold by some unknown persons to some other persons. when i went for getting an encumbarance certificate for the properties, this fradulant transaction got reflected. what is the civil remedy for the cancellation of the said sale? can i also initiate a criminal action against the perpetrators? let me know the procedures for the same. my land is in virudhunagar district of tamilnadu.

Follow Query

Report Abuse

barun deka (Expert) 20 January 2011
obtain certified copy of the sale deed from the office of the sub-registrar. file a title suit for declaration of right, title and interest, cancellation of the sale deed and for permanent injunction. since the land is in your possession you can also pray for confirmation of possession. and also pray for a precept to the revenue authorities for correction of the records. the vendor and buyer will be the defendants. if your father had any legal heirs other than you implead them as plaintiffs along with yourself or atleast proforma defendants.

Parveen Kr. Aggarwal (Expert) 20 January 2011
You have not stated who has sold the property and how he claimed himself to be entitled to sell the property. A person who is not the owner of a property cannot sell it. However, if a person impersonating himself to be your father has executed the sale/transfer deed(s), he can also be prosecuted for the offence, inter-alia, of forgery.

Parveen Kr. Aggarwal (Expert) 20 January 2011
For launching criminal prosecution you can either file a complaint with the police for registration of FIR or can file a criminal complaint directly to the Judicial Magistrate of your area.

Advocate. Arunagiri (Expert) 20 January 2011
You file a police complaint along with proofs.

Devajyoti Barman (Expert) 20 January 2011
Apart from civil cases as mentioned by other experts , criminal acses for various offences could also be initiated against them.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries