Ancestral property - expert advice requested.
Prem
(Querist) 09 March 2012
This query is : Resolved
Dear Sir/Madam,
I had never been to court till now. However, am forced to do so due to following circumstances and request you all experts to help me out by showing right direction with possible outcomes, please.
My father was adopted by his paternal aunt and by heredity he received agricultural land in Karnataka from adopted parents. Further, my father by release deed(Hakbittu) in 1987 transferred part of land to me (son) by recording the deed before VA & Tahsildar by specifying boundaries in North South direction and shown in old RTC as hissa-2 on my name and hissa-1 on fathers name. Further, during 1999, agreement was prepared on white paper to sell 2 Acre land to close relative, who paid partial sales amount and agreement paper was retained by relative. During 2007, he fraudulently got registered sales deed for 5 acre land (with boundaries running east to west) under pretext that the document prepared is only for measurement of land and for taxation purpose. He assured my parents orally that purchase will be only for 2 acre and he will prepare document for the same in future after measurement etc. My father is very simple, believes others easily especially relatives and earned honestly all his life by doing menial work. The sales deed is incidentally signed by my mother also as witness as she does not know kannada. Based on sales deed, now they have transferred the name in property document (RTC) as hissa-2 and showing hissa-1 on my name and my fathers together. Further, cheating relative has also got converted the land to NA purpose. I am govt. servant serving in different state of India for last 6 years and came across the issue only now due bhoomi website. I have 3 sisters married in Maharashtra/Karnataka. Expert advice is kindly solicited on following points –
1. How can we claim the land back ?
2. Whether criminal/cheating case can be filed against him ?
3. Where should we apply to stay the sale of plots in the said land ?
I will be obliged to share any other information through e-mail, if required and I will be thankful from the bottom of my heart for expert advice.
ESTHERPRIYA
(Expert) 09 March 2012
By filing a suit for specific performance and also by lodging police complaint of land grabbing you can set the law in motion.
Anirudh
(Expert) 09 March 2012
Dear Estherpriya,
Specific performance of what?
Prem
(Querist) 10 March 2012
Dear Esthepriya Madam,
Can u please explain where to file a suit for specific performance and by whom i.e me(son) with or without sisters or by my parents.
And what sections of IPC/Crpc can be attracted and how to prove that it is land grabbing. Please explain.
