Retaining land transfered unlawfully before 40 years.
StudentOFLAw
(Querist) 05 June 2011
This query is : Resolved
My Father(70 Years old) is blind before 40 years. Elder Brother(75 Years Old) of my Father sold the land property to another person wide registered sale deed. My Father was in Bombay during the time of Sale Deed, who definitely remembers that he has not signed any such document.
However, Document shows his name and Signature and no thumb impression in Sub-Registrars office.
Physical possession of the said property is with so called buyers.
Now I want my Fathers share in unlawfully sold property.
Please guide.
prabhakar singh
(Expert) 06 June 2011
IF ALL IS IN GOOD MEMORY OF YOUR FATHER THEN THE SALE DEED MUST HAVE IN EXISTENCE BY ACT OF IMPERSONATION =SOME ONE OTHER APPEARED BEFORE SUB REGISTRAR AND MISREPRESENTED HIM TO BE YOUR FATHER. THIS ,IF TRUE THEN SALE DEED IS VOID.
SO NO PROBLEM ABOUT SALE DEED.
BUT THERE IS A BIG PROBLEM ABOUT POSSESSION,WHY YOU(YOUR FATHER AND HIS BROTHER) HAVE ALLOWED THAT SO CALLED BUYER
IN POSSESSION FOR OVER A PERIOD OF 40 YEARS?
EVEN IF THE SALE DEED GOES PROVED AS VOID YOU OR YOUR FATHER OR HIS BROTHER HAVE NO ANSWER TO HIS 40 YEARS POSSESSION,SINCE LIMITATION TO TAKE HIM OUT FROM THAT PROPERTY WAS ONLY 12 YEARS FROM THE DATE OF SO CALLED SALE DEED.
SO NO COURT WILL NOW GRANT YOU TO GET POSSESSION BACK.
YOU CAN GET IT ONLY UNLAWFULLY NOW.
R.Ramachandran
(Expert) 06 June 2011
I am in complete agreement with the views of Mr. Prabhakar.
bhagwat patil
(Expert) 08 June 2011
where the property is located?
