Fraud gpa
varma
(Querist) 17 June 2012
This query is : Open
sir,
lakshmi has 3 sons namely Ram(35Y),Raju(33Y) & Satya(30Y). In year 1985,lakshmi given her propety 4.2 acres of land through Will in name of Raju 2 sons say 'A' & 'B' - 2.1 acre & satya '1' son say 'C' -2.1 acre & that WILL also registered in subregister office.
Main contents in WILL are
1)Raju & Satya can enjoy the property of 2.1 acre & 2.1 acre till their death but no rights for sold the property.
2)After death of Raju,his 2 sons say 'A' &'B' get ownership rights on 2.1 acre & after death of satya,his only son say 'C' get ownership rights on 2.1 acre land.
Lakshmi was died in year 1988.But before her death ,Ram &satya become unique & created fraud GPA for 1 acre land of Raju on name of satya in year 1987 & same land was sold to Mr Ram on 5 Rs stamp paper but was not registered.
In year 1988,Raju came to know that out of his 2.1 acre his 1 acre land was sold to Ram on 5Rs stamp paper by satya through registered GPA in year 1987.
In year 1989,Mr Raju had filed suit on Satya & ram for making fraud GPA & for declaration of Title.But unfortunately,the case was lost in year 2000 & Mr Raju appealed the suit in High court in year 2000 .
During running the case in court,Ram had died.Now Ram son say 'D'had sold the entire property by making plots in year 2002 & same is reported to court .
Court had ordered enquiry commission for tracing whether land was sold or not. Infront of enquiry commission,'D' had said that he sold the property of another 1acre land which is in same survey but not land of Raju.
since ,Encumbrance certificate also not clear about sold property,enquiry commission also gave positive report for 'D'.From that day onwards to now, the property has changed to 2 to 3 hands through sale registeration but case was running in court.
In year 2006,Mr Raju had died.In year 2009 ,Mr Satya had died.After death of satya,one of the the plot holder constructed the 2 floor house in 700 sq yds & same is mrtgaged to finance company also.In year 2012,Mr 'D' had also death.
Now the case was running i.e Mr 'A' & 'B' had suit on Mr 'C'& 'D sons'.
In year 2012, A & B applies EC for that building & they got all proofs that their land was sold to others & enquire commission report also wrong.All photo also available.Now my questio is
1)since that emty land was not developed till year 2007 & in year 2008 only same part of land was developed i.e house was built by plot holder.PLZ give suggstion how to aproch the case,so that A & B can increase winning of chance
2) whether 'A' & 'B' can prayed in court for immidiate injuction for vacate of land from plot holder
3)Whether Building plot holder also any chance of winning the case as he was alredy aonstructed the house which was brought during running the case in court
4)At time of constuction of house,A & B had objected the plot holder & it was denied but it was not reported to court but now they are ready to inform i court.
PLZ give necessary suggestion regarding winning of case by 'A' &'B'
