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JAYANTA KUMAR DAS (Querist)     28 December 2019

Is it recoverable ?

Respected Sir / Madam, About 17 years back, in West Bengal, my father was forced to sell a plot of 0.06 acre just beside the main road against his will to a political forcing & influential group under threat at Rs. 03 Lakh only, whose the then market price was more than Rs. 50 Lakh. Quickly mutation of plot was done without my father’s consent. Now, its present market price is more than Rs. 01 Crore. Now, my father is dead. Can l now recover it by any legal means ? Actual nature of plot is remaining as it is still. Please do advise.


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 10 Replies

Real Soul.... (LEGAL)     29 December 2019

It is too late dear. Already settled just you would waste your money and time. The property is sold as you say; and consederation sum received even be it peanut.

 

 

G.L.N. Prasad (Retired employee.)     29 December 2019

What is your age when it was sold?  What is your present age?  When you have learned of the coercion and fraud? How your father acquired the property?  These are the main issues involved and it is not that much easy and not worth fighting unless you have a lot of money and wish to extort some money through litigation by teaching them a lesson. (I know many cases where litigants spent lakhs of money for few thousand rupee market value property to teach the other party a lesson in their style without expecting success in such litigation)

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JAYANTA KUMAR DAS (Querist)     29 December 2019

Matter was happened in December, 2002. I was 39. I was unemployed also. At that time, these type of transaction offences  were very very common in West Bengal considering the then fearce political violent atrocity situation created by the then ruling party.

JAYANTA KUMAR DAS (Querist)     29 December 2019

& my father was 66.

T. Kalaiselvan, Advocate (Advocate)     29 December 2019

You have stated that your father sold the property around 17 years ago.

If at all he was aggrieved over the forced sale of property he could have applied for cancellation of registered sale deed within 3 years from the date of registration of the sale deed.

Beyond 3 years it is barred by law of limitation.

Moreover he never bothered to initiate any action in this regard during his lifetime, hence as a third party to the property you have no rights or interest in the property therefore any action that you may propose to initiate at this stage may not be maintainable or tenable in law.

 

 

P. Venu (Advocate)     30 December 2019

Was the property duly transferred or acquired? Mere mutation in the Revenue Records need not divest a person of right, title and interest in the property.

JAYANTA KUMAR DAS (Querist)     02 January 2020

Thank you Sirs.

JAYANTA KUMAR DAS (Querist)     26 March 2020

Respected Sirs,

So far I new the above fact truly. But, further situation arose recently.

After my father's death, I have collected legally the xerox copies (from registered office) of the said deeds in two nos. on behalf of two different persons (04 decimals + 02 decimals = 06 decimals). It is strange that my father's signaturs are not matching and my said signatures as witness are there which are not matching at all, because I did not sign at all and not at all comparable with my real signatures in bengali and english. My father's and my said signatures are in bengali and english both on deeds. Now, I am sure two deeds are forged. I am sure. It is forceful occupation in the then turbulent political situation.

After so long period (17 years + ), can I do anything ? Can I initiate verification of my father's signatures in bengali and english to compare with my father's (was retd. high school teacher) real signatures (before death) remaining with us by any hand-writing expert personally before taking any type of legal action ? Which type of court will be suitable to initiate any legal action if any ?

Thanking you.


 

Real Soul.... (LEGAL)     26 March 2020

Challenge the sale deeds ,file suit for recovery of possesion.

G.L.N. Prasad (Retired employee.)     26 March 2020

You have been advised 2 months ago to state such grounds for your silence for 17 years and to contact that Advocate who can believe your version and assure you of success in such a suit locally.  At this point of time, you get confused and opinions provided on your version may kindle false hopes but can never bring remedy..

 Being a Lecturer, understand the practical limitations in open forum.


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