Forged sale deed
jitender pawaria
(Querist) 03 May 2013
This query is : Resolved
Res. Members,
One A executed unregistered agreement to sale with B of factory cum House for a sale considration of Rs.26 lacs and Rs.4 lacs paid on the same day against proper receipt on 1.03.2002 and 05.03.2002 was fixed for execution of sale deed. on 1.03.2003 B issued a legal notice to A on the grounds that the land in question under compulsory acquisition, you not obtain CLU from concerned department and many others said notice received by A on 03.03.2002 two days before execution of sale deed. after that A contact to B and B take thumb impression of A on some blank paper/stamps on the pretext that he filed the objections against the Acquisition for relesing the land and apply for CLU to concerned department. till 2006 B keep the A under darkness. there after in the year 2006 A came to know that B by using those paper/stamps get registered sale deed in his favour for sale considrtion of Rs.4 lacs and B also execute a receipt which show that his son purchased the malba standing over the suit property of Rs. 20 lacs and his son paid entire 20 lacs in cash to A . Till 2006 continue A is in possession of the suit property. After the filling the suit A came to know that B transfer the land to C who is business partner of B.
C file application for impleading him party in the suit as a subsequent purchaser which was allowed by the Ld. Court and after two and three dates he proceeds ex-parte and appear in evidence of B.
Attesting witness also close relative of B which was admitted by them in their cross examinations.
Respected members
Now my queries that after issuing the Notice U/s 4 of L.A.Act can sub-registrar allow the sale before passing the Award.
Can Such a huge amount as plead by them paid in cash which was admitted by him that in his annual income return not showing those amount by him.
can B have right to contest case after selling the property prior to institution of present suit and most important he pleaded he was owner in possession and he sale the land to C before the date of filling W.S.
is it valid that B claim that his son purchase the malba from A and son of B said that no seprate agreement for Malba between me and A.
in the sale deed no where mentioned about the agreement and sale deed on much less amount as compare to agreement.
Plz guide me law points on the above said circumstances which are help me.
arunprakaash.m.
(Expert) 04 May 2013
No right accures to the purchasers after the declaration of 4 (1) notice. Even the landowner is prohibited from selling the said property till the passing of final award or till the land is released from such acquistion under section 48 of the land acqusition act 1894
M V Gupta
(Expert) 04 May 2013
Is it a fact that the land was notified by the Govt for acquisition? If so the land cannot be sold by the owner. A should apply to set aside the order declaring him ex parte and contest the suit filed by C.
sibojyoti chakrabarti
(Expert) 11 May 2013
In this case i think that a criminal case should have been filed like a case of fraud and cheating to get instant remdy.
With Regards,
Sibojyoti Chakrabarti
emial- sibo.chakrabarti@gmail.com
ph- (0)9883122412
prabhakar singh
(Expert) 11 May 2013
I think this site is not to make these kind of advertisements as made above and copy pasted below:
"Sibojyoti Chakrabarti
emial- sibo.chakrabarti@gmail.com
ph- (0)9883122412"
IT LOOKS CHEAP AND BELOW DIGNITY OF A LAWYER.RULES OF PRACTICE ALSO BAR IT.
sibojyoti chakrabarti
(Expert) 11 May 2013
Dear Mr Singh, this is not any advertisement for your kind information, this is only my contact information, but from now onwards i will not use the same.
I hope to make myself clear, in this aspect.
