Cancellation of Registration.
Querist :
Anonymous
(Querist) 02 October 2010
This query is : Resolved
Dear Friends of the Experts Forum,
One Mr. 'A' fraudlently sells a property to Mr.'X', which does not belons to him as per WILL.This property actually belongs to Mr. 'B', as per WILL. Now what should Mr."B', have to do;
1)Mr. 'B', will approach Registering authorities for the the cancellation of the registration/sale done by Mr.'A',by showing the WILL and other relavant documents,
2)Mr.'B', will have to go to Court of law for the cancellation of the registration fraudlently done by Mr.'A' in the year May'2006. But,in this case 'court fees' has to be paid for no fault of Mr.'B', am I right? or, is there any other alternative avilable?
This problem belongs to the state of Andhrapradesh, and as per my knowledge, Probation of WILL is not necessary in AP.Am i correct?
with regards and Thanking you ALL in advavace, expecting an urgent and viable solution to this problem , please!
Kirti Kar Tripathi
(Expert) 02 October 2010
Think there is no other remedy except to file suit for cancelling the sale deed. You can also make representation but it will not fruitful as dispute involves adjudication of evidences, however, the Registering Authority may issue show cause to Mr. A.
R.Ramachandran
(Expert) 02 October 2010
Dear Anonymous,
You have no other go than to approach the court without wasting time.
Yes, it would initially involve payment of court fees. But in order to fight for your rights you have to do that. If you look only from the point of paying the court fee, later you may have to forgo the entire property due to your inaction, which would be the worst scenario.
s.subramanian
(Expert) 02 October 2010
There is no need for B to worry about such a sale at all. The sale deed by A cannot and will not affect the rights of B in any manner. B need not file any suit before any court for any relief. It is enough if B effects a paper publication in a well circulated daily about this and declare that B is the owner. It can also stated in it that A has not title over the same and the sale by his is a fraudulent and invalid one. That will suffice. If the purchaser files goes to court then B can fight the case as a defendant and succeed easily. No need to panic at all.
s.subramanian
(Expert) 02 October 2010
Probation of will is not required anywhere in India. The provision in this regard has been repealed recently in the Indian Succession Act.
adv. rajeev ( rajoo )
(Expert) 02 October 2010
let him file a suit for declaration and injunction on the basis of the will against
A & X.
Registrar has no power to cancel the regd., sale deed.
Uma parameswaran
(Expert) 02 October 2010
If there is any encroachment B can also file criminal case against the trespasser.
Querist :
Anonymous
(Querist) 03 October 2010
Dear Friends,
I thank each of you for your QUICK Reply and Solution shown to me.
And I request Sri. S. Subramanian, to kindly share the information of Repealing of 'Probation of will' in the whole country, as this useful to ALL.
May GOD bless the Admnst.for hosting such a wonderful plat form, & All the Faternity of LCI. .
