Illegal sale of property
sushil chaturvedi
(Querist) 24 August 2014
This query is : Resolved
Dear Sir,
1.my father has 5 brothers. 1 of brother died after his death a women came and she claimed as his wife right in his share in property.
2. We have filed a case in revenue court for denying her claim as my uncle's wife and in property and revenue court and sub megistrate has given stay order on the sale of the property till the case has been finalised.
3. In january 2014 they women who is claiming as wife of my uncle's wife has sold the land through power of attorney.
4. The person who has bought the lane is mafia type. He has taken the most valuable part of the land.
5. Till date we have not done the partion on land among my father's brothers and we are getting the land which is less valuable.
6. I went to the local court, there lawyers told me that it is not easy to get the kand registry cancelled. If we fight the case there is very less chances or the luck will be in our favor to win the case.
7. Sir, I am getting constantly threat from the person that if I will fight the case It will be not good for us. So its not possible for me to fight the case at local court.
So sir I want to know.
A. What legally I can do.
B. Is it legal that a person's ownership is questionable and there is a stay of NAYAB TEHSELDAR of REVENUE COURT can sell the land.
C.what are the chances if I approach allahabad highcourt to hear my case direcly because first Iam getting constant threats from opposite party second I am living in delhi and working in a private company, because of an accident my both hands, collar bone and ribs are fractured so its not possible for me to do long journey
D.what are the chances of my winning.
Please help me out
malipeddi jaggarao
(Expert) 24 August 2014
A common problem nowadays. The family members do not look into the affairs of parents and they do not bother about the details of assets. They are earning members and they can stand on their own. But when the main person of the family disappears from the world, the legal heirs do not know the details of property. Land mafia enters at this point. They will create some document so that they can drag the legal heirs into dispute and leash threats that the property should be left. In your case also it happened.
Coming to your query:
1. Whether your father is alive?
2. You say one of your brothers demised. Did not have any family - wife and children?
3. How a lady can claim that she is the wife of the deceased brother? What is the proof she has in her hands.
4. If the sub-magistrate has given stay order and this lady sold ignoring the stay order, you can move contempt petition in the court.
5. Ask your advocate to take steps for speedy disposal of this case.
6. There are many legal remedies. What is the proof she is producing that she is the wife of your brother? According to me no proof, simply she might have executed a sale deed in which she might have claimed the status of wife and her share which is sold to mafia now. When she is not the wife of your brother, where is the question of her share in the property,selling it to somebody. The outcome of the case filed before sub-magistrate would be by all probability reject her claim.
But the real problem is not legal rights. Real problem is muscle power. They will harrass you people and also ask to sell your property at bottom rock price. If you do not yield they will harass you both mentally and physically. As regards that property which was sold to them by so called lady, you will have to file a civil suit for eviction on the grounds of illegal occupation. They will drag on the case by their influence and you will not get back the possession that easily.
What are your other brothers/legal heirs doing? Whether any of them are in the same place where property is situated? If all are outside, it is very difficult to save the properties from land mafia. You have many legal remedies, but practically what can you people do?
These are the effects of destruction of joint family concept. Previously, family head used to take care of things and all other members are under his command, as they are dependent on him for their financial needs and daily life. Even if they have independent income, it will be for joint family and in the hands of the head. If any problem like this arises, they all unite used to fight against such grabings and protect the family property. Nowadays, you people do not bother for any thing, totally independent, many of you tend towards nuclear family concept, me/my wife/my children. Even if your father wants to discuss about these problems, you will not give any time space, because you do not recognize the value of the property and the dint of hard work he has made for you. Some people are in the hands of their better-half and totally alienate from the male's parents and gets closure to in-laws. But when the matter of property comes in, everybody wants their share.
You will have to strike a reconciliation by ropingin influential people to settle the matter amicably. Otherwise, not only this part of property, the entire property will be grabbed by these anti-social muscle men.
sushil chaturvedi
(Querist) 24 August 2014
1.Sir she has shown voter id as the proof of wife plus some how she managed to register her self In family and land register by using one of her relative who is working in land records office.
2.my father is died while doing his duty, he was in ARMY.
3.Yes my father other brother are living where the land is.
SIR, can I move to high court or not. Because I dont have trust on civil court. I have seen there only money talk.At I have faith on High Court.
Y V Vishweshwar Rao
(Expert) 24 August 2014
With the above facts and circumstances I advise you to consult Sri / Dr V N Tripathi Allahabad High court Senior Advocate - he is senior member of this Lawyers club India . You can search for lawyers by his name in this Web site
i.e;-http://www.lawyersclubindia.com/lawyers_search/Dr-V-N-Tripathi-20833.asp#.U_lLg8WSy84
Y V Vishweshwar Rao
(Expert) 24 August 2014
http://www.lawyersclubindia.com/profile.asp?member_id=20833#.U_lOjsWSy84
prabhakar singh
(Expert) 24 August 2014
The lady is claiming to be widow of your unmarried uncle and has applied for mutation of her name in which you all are objectors.
You say Tehsildar or sub-magistrate has passed injunction order restraining her to sale during pendency.But in fact revenue courts are not vested with power to issue or pass a decree of injunction.
Further a mutation proceeding does not decide RIGHTS.
One more thing is that it would be open all the time to any person to appoint his/her POA,it does not amount to flouting of the order, you say,has been passed.
The situation in my assessment is that you require an injunction suit to be filed against her as well as against her POA which would lie only in Civil Court where you do not wish to go.
High court is in your choice but you can not go there directly.
In this situation you need to reconsider your preoccupations about court's jurisdiction.
Rajendra K Goyal
(Expert) 24 August 2014
Agree with the advise of expert prabhakar singh ji.
ajay sethi
(Expert) 24 August 2014
agree with prabhakar singhji
Guest
(Expert) 24 August 2014
First you collect solid evidences to prove that Lady's claim as your uncle's wife is forged.If the evidences are solid you could file police complaint for Land Grabbing and simultaneuosly you could seek police protection also and the illegal Registration could be nullified.Seek the guidance of a good Senior Lawyer at your place.(Please with draw the statement that money only speaks in court it is not true)
malipeddi jaggarao
(Expert) 24 August 2014
First you posted the query as if she is totally false and entered into the picture after the demise of your paternal uncle. Now you say she has voter ID card and managed her name in the land records. That means there must be some connection between your uncle and this lady which you people do not wish to recognise.
Plese note when you go to a doctor and to a lawyer you should tell all the facts, then only you can the proper treatment/advice.
I also agree that you should consult some advocate as advised expert Mr.YVV Rao and you need to disclose all the facts and give all available papers to him. If you hide the facts, you will get wrong advice.
sushil chaturvedi
(Querist) 24 August 2014
Dear Sir,
1. I was not aware that voter id is such a big deal in eye of law because I have inline applied for it in DELHI and my card is ready and I have not even submitted any type of id or adress proof at election iffice in delhi I have voted in recent assembly polls.
2. But it does not mean that I acn claim property rights on my landlord in DELHI.
3. Sir, people are saying that revene court stay does matter, so why it pass these kind of orders which is beyond its juridiction
4. Sir, neither we have seen my uncle for last 10-12 years before his death not that lady.
5.We dont have any issues in giving her rights but she never came to us. She directly went for sale of property
ABDUL RAZIQUE
(Expert) 24 August 2014
where there is doubt, there is legal matter arise. If you don't know the lady then challenge her regarding the title and relation with your uncle.
Biswanath Roy
(Expert) 28 August 2014
1. Under item no.3 of your query you stated that the woman by virtue of of POA sold the property in January,2014 which clearly indicates that your uncle died before January 2014. After the death of the EXECUTANT Power of Attorney stands as invalid and neither operative nor in force. Hence, selling immovable property by virtue of an invalid POA indicates fraudulant act on the part of the woman who allegedly claimed herself as wife of your bachelor uncle. Besides, false personation by using invalid document before the Registrar to transfer the immovable property for gain is a fraud and cheating and triable by Indian Penal Code and the deed of sale stands illegal , invalid and infructuous from the date of its registration in the eye of law.
T. Kalaiselvan, Advocate
(Expert) 29 August 2014
I think expert Mr. Prabhakar Singh's opinion and advise suits more to your case and in my opinion that will the best legal measures you can initiate, further it is your choice.
