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Kumar   17 June 2021

Agricultural land sold without original documents

Hello, 

A piece of agricultural land that is owned by my brothers and I (4 owners in total) was falsely sold by my eldest brother. However, the original documents were with me and they used the pattadar passbook which had only his name on it to sell the property. The original document does have all four names of the brothers. We are trying to get the encumbrance certificate (EC), but the SRO office is not providing it to us in a timely manner and keeps delaying us. At this moment is there anyway for me to take legal action regarding this false transaction without the EC? This was all done through the dharani portal and SRO office. Can I sue the SRO office or take any other legal action against the SRO office or any other governmental body to get my property back and cancel this false sale's deed. 

Thanks, 

Kumar



Learning

 4 Replies

Dr J C Vashista (Advocate)     17 June 2021

The document of alleged sale transaction may be declared as "null and void" by filing a suit for declaration through a local prudent lawyer.

G.L.N. Prasad (Retired employee.)     17 June 2021

The land records during Nizam time were not properly maintained, and this way manipulated by the hereditary village patwaris and other revenue officials.  Now the state government with all earnestness is updating the revenue records after due inquiry where there is no title deed, depending on possession etc.  In your case, it is a fraud, and the ECS is available online, the sale deeds are uploaded and can be downloaded free of cost.   Contact a local advocate and issue notices to your brother and the purchaser stating that the is sale is fraudulent, as there are owners as per registered sale deed and your brother is in possession as a trustee for all co-owners, and he is not the absolute owner as per Registered sale deed.     Serve the copies to MRO and Village Panchayat asking them to show the land as disputed land.  When there is a valid title deed actions of Govt issuing a passbook stating that it is a title deed are not proper when such facility was to be extended that are not having original title deeds due to family settlement deeds or sale through Rs.5 stamp paper that were in vogue during Nizam times.  You may have to file a declaration suit on the ground that the land belongs to four brothers, and the land is not divided in metes and bounds, and one co-owner selling the property claiming that he is the absolute owner is fraudulent, in presence of a registered title deed. and you have to pray for possession also.  

However, the court fee is still a controversy as it is still ambiguous as to whether one has to file a partition suit and seek a declaration suit.  The controversy is as to whether partition share determines the court fee or the value of the sale deed or the present market value of the property as possession was lost.  Ensure payment of proper court fee.

P. Venu (Advocate)     17 June 2021

Yes, you may file a suit for getting the sale deed cancelled.

T. Kalaiselvan, Advocate (Advocate)     19 June 2021

If this property was jointly purchased by all the four brothers then you will be having the registered sale deed.

In that case the Patta cannot be issued o a single person's name since it is jointly owned proeprty.

However if it was inherited property then there is no reason to have a registered deed on the names of all the four shareholders, therefore there is no question or chance of possessing a  joint registered deed containing the names of all the four brothers. 

Probably you are missing out some vital information in your question.

If your brother can sell the property with the help of the Patta alone, then it can be construed that it is a patta land and not a registered land.

However considering your information as true, the solution for you is to file a suit for partition to divide the property equally with metes and bounds  and for separate possession of your share in the property.

You should ignore the fact of the property being sold by your brother by fake and fabricated documents because this sale is not binding on you and as far as you are concerned you have a right for your legitimate share in the proeprty hence you may approach court for the particular relief alone instead of filing a suit for cancellation of the sale deed.

 


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