False gpa w/possession
Samson
(Querist) 07 September 2011
This query is : Resolved
Hi All,
I have a an open plot of 300 Sqyrds in Greater hyderabad Muncipal Corporation Limits.. i have purchased this plot in 1979. i have all the link documents. The people who sold us the plot were the owners of 11.5 acres in that area and have divided the entire area and sold to us in samll plots. we have the documents confirming the same. and the entries in the Encumberance Certificate show that the plot has been transferred from them to me and from 1979 onwards there is no other entry.
Now in 2010 a Mr X had forged the the identities of the people who sold the property to us and created fake Ration Cards/Drivrs licenses and have executed a false GPA w/possesion on his name... and now he agrees to the fraud ans is asking us 1,00,000 to have that entry removed form the Enumberance Certificate.
Now my question is will there be any legal complication arising of the above sadi entry in the EC.
Can i transfer the property onto my son so that the latest entry will be of that my son and he will have the clear title to apply for housing loan and construct house.
Or is there any other alternative as i feel that going to court will be a big loss of time and money.
regards,
Samson
Devajyoti Barman
(Expert) 07 September 2011
Yes, you can safely transfer the same to your son by way of gift deed.
prabhakar singh
(Expert) 08 September 2011
Mr.x is trying to bargain you on the basis of forgery created.
Transfer by you in your sons name by gift or otherwise is not a problem,you can go with that.
But you or your son do need to get the forged entries expunged from record by taking suitable legal objections before authorities concerned who have recorded those entries on fraudulent representation as they would stand a bar against your title on completion of 12 years.Also just now no institution will provide you any loan for that because on their own inquiry these entries would be found which would suggest your tittle is not clean but disputed and loan shall not be advanced to you.
Therefore things are there in your way and as desired going would not be smooth as there is bumpy road with out repairing the same do not proceed ahead is my advise.
Samson
(Querist) 09 September 2011
We have tried to represent our case to the Inspector general of stamps and duties... and also the sub registrar office but have received no positive reply... they have asked us to approach court... how much time will it take to resolve the matter in court and also what would be the approximate cost.. the value of property in 21,00,000 in govet records...
M/s. Y-not legal services
(Expert) 08 September 2011
