Fraud

sundeep yadav (Querist) 24 March 2013 This query is : Resolved
we had 200 sq yard of land in New Delhi.This was sold to Mr.X by my great grandfather in 1964(nobody in my family knows how the land deal took place)
But now it has been learnt through a court case(Mr. x and his tenat) that this was not so.
Proof is that Mr. x has submitted a deed of 1964 showing that the land has been sold by my great grandfather
whereas the land was in the name of my grandfather since 1955.

Can I file a case of fraud ?
or what all options do I have to get my land back?

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Raj Kumar Makkad (Expert) 24 March 2013
Though law of limitation shall come in your way even then you should definitely initiate legal action seeking setting aside the sale deed and further entire actions on the part of x. Even a criminal case should also be filed against X.

Devajyoti Barman (Expert) 25 March 2013
I do not see any merit in your case. It would be a futile exercise.

Guest (Expert) 25 March 2013
You have not cleared what sort of fraud you find in sale deed of 1964 and on whose part?

ajay sethi (Expert) 25 March 2013
watse of time and money

Raj Kumar Makkad (Expert) 25 March 2013
If a person other than an owner sales a property, the owner or his legal heirs have certainly got cause of action to initiate legal proceeding to get the sale deed set aside and secure their property.

sundeep yadav (Querist) 25 March 2013
Dhingra Sir
Proof is that Mr. x has submitted a sale deed of 1964 showing that the land has been sold by my great grandfather(whereas my great grandfather expired in 1957)
whereas the land was in the name of my grandfather since 1955

Sudhir Kumar, Advocate (Expert) 27 March 2013
then go to thana

prabhakar singh (Expert) 27 March 2013
Then the deed is void ab initio as it was procured by impersonation of your great grand father in 1964 while he was already dead long before in 1957.Additionally it was
not a transfer deed by owner (grand father)
No title could pass from this deed to buyer.

If buyer is claiming some relief through some suit,the same would be refused.

But seeking a relief of cancellation of the deed by heirs of grand father at this juncture may feel set back of law of limitation.However if heirs are in physical
possession,they do not need cancellation of void ab initio deed.

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