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Raj   25 June 2015

Fraudulant sale deed executed by bda

Dear Legal Experts, 

Need your expert advise as I am totally confused by Fradulant act by Bangalore Development Authority(BDA).

(1) I participated in BDA auction in 2001 for a corner site and came out as a successful bidder and paid 25% of the total bid amount on the spot.

(2) When we went to BDA a month later to pay the rest 75% and requesting for issuing a sale deed, they informed me that some private party has raised a writ pepition in Karnataka High Court on the entire land and hence I have to wait until the stay is dismissed. They also issued me a letter saying I have an option of paying the rest 75% amount after the case is dismissed.

(3) When I approached BDA in early 2015, they informed me saying the case got dismissed in Karnataka High Court in 2014 but the petitioner is challenging in Supreme Court and stay order is in effective and hence I have to wait until the SLP in supreme court is dismissed.

(4) Two months back BDA has fraudulantly swapped by corner site with some allotment site of a politcally influenced person and issued a absolute sale deed and possession certicate for paltry one lakh rupees.

(5) Few weeks back I came to know that politcally influenced person is trying to resale the property in awry for huge gains and when I approached the BDA commissioner, he said this is done in wrong by recently retired official as the Stay in Supreme Court is stil effective and he also verbally assured me that BDA shall cancel the sale deed and the site allotment and restore my file as a succesful purchaser/bidder.

(6) so far since it is 3 weeks and no action taken by BDA though I am making daily visits to BDA haplessly.

Pls guide me what are the best options before me and where to go (ex: civil court/high court/supreme court)? 



Learning

 3 Replies

SRISHAILA.DHARANI (Advocate&consultant)     25 June 2015

Dear Raj,

You have to file writ petition in the high court, asking the court to qush the sale peroceedings and further direction to the bda to register the sale deed in favour by accepting the balance amount from you.

Please contact me , as i can do it for you.

srishaila, 9741425514, sdharani120@gmail.com

slakshmanrao (accounts officer)     25 June 2015

Properties are normally under two categories.(a) Ancestral (b).Self Acquired.In the matters relating to latter category,the need is to understand the need to better understand about the competent authority empowered to make inheritence clause more effective.The most dependable document is Sale deed in original,to determine the jurisdiction in which the properties relate...No comments are however made in respect of properties in the nature of Ancestral category.Regards slakshmanrao3@gmail.com

Vinesh K Chhaya (ADVOCATE)     28 June 2015

Only Civil Court has Jurisdiction for Cancellation of Sale Deed... You have to lodge special civil suit under provisions of specific relief act for cancellation of sale deed made in favour of political influenced person and will have to apply for interim injunction and submit the facts with the cause of action arrived during the status qua is running...the illegal action can be challenged as contempt of court act also...


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