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Satheesh M (Software)     13 June 2021

Agri land - fraudulent registration by the coheir family

In 1920,   X had 3 sons 'A' (12 years) & 'B' (5 years) & 'C' (3 years), and partitioned his properties to his children. In this partition, one of his Agri land properties was 100% written on B’s name (the Encumbrance certificate shows the same).

'A' had only one Son & 'B' had '3' sons.  Around 1995, 'A' & his son both expired in 10 days. Within few weeks from the time they both expired, A's daughter-in-law sold 50% of B's specific Agri land property (which he derived 100% from his father X through WILL & paying the tax till date & almost 100 years old patta in his name). Hence, the 'B' sent the legal notice and demanded to stop any further activity. Also, he sent a notice to the officials to NOT to provide patta in the name of buyer from A's daughter-in-law. Later, the 'B' made a WILL to his 3 sons and expired in 2010.

Now, the 3 sons of 'B' should partition the property equally. But, the A's daughter-in-law (& her family) and the buyers (Regd. in 1995) demand the right of 50% property as it's registered.

 Additional info :

           - To date the Patta & tax payments going in B's name and possession of B's family.

           - The A's family or the buyers have neither physically occupied nor transferred the patta (and never paid the tax on their name)

What are all the steps to be taken to protect the property from A's family/buyers and go for the partition on B's heirs?



Learning

 5 Replies

Sankaranarayanan (Advocate)     13 June 2021

Please submit the query by simple and short manner 

Satheesh M (Software)     13 June 2021

Agreed Mr.Sanakaranarayanan. I just learnt that missed information could lead to confusion or a lots of follow-up questions.

T. Kalaiselvan, Advocate (Advocate)     14 June 2021

You may have to file a suit for cancellation of the registered sale deed by which she sold the property  and for permanent injunction against her and others to restrain them from interfering in your possession and enjoyment and also to not to further encumber the property in any manner. 

1 Like

Vasundhara Singh (Student)     15 June 2021

Hello!  

Patta is one of the most important documents that can be used by its holder to claim ownership of any property and especially land. It is also known as records of rights as it indicates the person who has the right over the property. Patta is handed over by the government authorities to the real owner and it cannot be transferred or given without the authorization of the tehsildar.   

You have mentioned that one of the properties of X was given by him to B who became the sole owner of the property as he had been paying taxes on it and also patta is under his name for the past 100 years. Since he holds patta for the property, he will be the rightful owner of it has the right to dispose of it as he wants.   

Since B executed a will disposing the concerned properties to his 3 sons, the first thing they should do is to get the patta transferred in their names as they are the beneficiaries and they can show the real will to the authorities that will do the transfer. This will make their rights on the property absolute and prevent anyone from misuse.   

Since A’s daughter-in-law has already sold the disputed property to a third person, the rightful owners can file a suit in the court against the sale deed and prove their right to the property. While the suit is pending, the third person who bought the property will not be able to claim it.  

Regards  

Vasundhara Singh  

Satheesh M (Software)     15 June 2021

Madam Ms.Vasundara, Thank you for your detailed information! Surely It's a diff view.


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