Registration and mutation of land by fraud
APARESH GHOSH
(Querist) 28 June 2014
This query is : Resolved
A land was purchased and the deed was registered in the month of July 2012 in my client’s name in West Bengal. I had applied for mutation at the concerned BLRO and accordingly a notice was received for hearing of the mutation petition in the first week of December but due to some personal work I had sought the postponement of the hearing date verbally which was granted and I was told that my client would be informed accordingly. But in the month of June 2014 it has been discovered a power of attorney was executed by the landlord, for all matters relating to the same property in second week of December 2012, week after six months of the registration of the property in my client’s name., in favour of a third party, Now the third party who had obtained power of attorney sold, through a registered deed this property to a fourth party in the second week of December 2012 itself., and got the property mutated in the fourth party’s name. Please guide us as to whether criminal as well as civil proceedings to be followed by us specially against the land lord and BLRO who is Govt. official.
Dr J C Vashista
(Expert) 29 June 2014
1. The title and possession of the land sold to your client became final on execution of Sale deed in favour of your client, isn't it? In this case if the vendor (seller of land to your client) executed POA in favour of third person, it a fraud and cheating committed upon your client, for that the executant/vendor /previous owner of the subject land is liable to be prosecuted in a criminal court.
Besides this, after obtaining copy of subsequent sale deed as stated by you (transaction as alleged/found out by your client)issue a legal notice u/s 80C CPC to the so-called POA, the vendor (on whose behalf PAO has got the said transaction, the vendee/purchaser and the Sub-Registrar followed by a declaratory Suit for cancellation of said (subsequent) Sale Deed with consequential damages and mesne profits.
Rajendra K Goyal
(Expert) 29 June 2014
File suit for cancellation of the sale deed made on later date after sending notice.
Consult a local lawyer, show him the documents and ask him to proceed.
T. Kalaiselvan, Advocate
(Expert) 30 June 2014
There is a fraud committed on your client by his vendor by intentionally creating a POA on a third person's favor to illegally sell the same property which was already sold. This is a criminally motivated conspiracy in collusion with the POA agent and in my belief the sale transaction by the POA to the new purchaser should also be a sham transaction for the purpose of creating encumbrance over the property to facilitate further alienation. You can lodge a criminal complaint with the Police against the original vendor for cheating and fraudulent activity by him against your client and subsequently to file a suit for cancellation of the sale deed along with an application for permanent injunction to not to further encumber or alienate the property.
