Civil Procedure Code (CPC)

Document problem in agricultural land dispute


We live in Hyderabad, Telangana. Due to the recent changes in the Mandal Revenue Office and COVID, we are not able to get the encumbrance certificate which we've been trying to get for a month. We have tried eSeva and multiple visits to the office and still we could not get the EC due to one reason or the other. My lawyers are not filing a case because of that and say they need it. For some context, my elder brother's wife sold a property that is under my name and three other brothers and so we need to cancel the sale deed through a case. She took advantage of his mental illness and sold the land. Is there anyway we could file a civil or criminal case without the EC or latest sale deed copy? Any advice on how to proceed would be greatly appreciated. 

 
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Retired employee.

The query is surprising.  When the entire material regarding agricultural land is uploaded, the basic thing for filing a declaration suit is a valid document belonging to the plaintiff and a certified copy of the fraudulent deed.  The original document can be filed later with IA.  Getting EC is not that difficult, file this as a grievance and send an e-mail to MRO immediately..  Try to get a copy from Sub-registrar as delivering a digitalized copy takes one day at the most.

 
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Retired Manager

Once a Document is Registered, it is a public document and you can apply for a Certified Copy with the Registrar concerned. Once the document copy is in your hand, you can give to your Lawyers to proceed in the matter.

 

It is surprising that your Lawyer could not get this matter handled at his end and forcing you to run pillar to post.

 
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Practice

Dear Mr Kumar, 

In the present set of facts, you have 2 options:-

1. Criminal Action:-

Immediately file a written complaint to the police saying that ( elder brother's wife) has dishonestly sold your property to another person. If it is possible for you to locate the person who bought the property, tell him also to file the complaint because ultimately the property would be recovered from him/her if he is not able to prove that he /she was a bona fide purchaser. Also tell that buyer that it is the only chance he/she has to recover damages from (elder brother's wife). Once FIR is filed, it is the responsibility of police to recover the documents. 

 

2. Civil Action:-

I agree with GLN prasad G and Sivaramprasad G on this issue. A sale deed once registered is a public document. Any person can get a copy of a public document by simply filing an application in tehsil office/estate office. Get the Copy of the document and proceed with civil suit under Specific relief Act, 1963 to get the sale deed set aside. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh. 

 

 

Discaimer:- The above opinion is only for guidance.

 
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Advocate

To my knowledge, It is the SRO that provides the EC. And that could be obtained online.

More than the EC, the document required is the certified copy of the alleged sale deed.

 
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Secunderabad/Highcourt practice watsapp no.9989324294

Visit the online land record portal https://dharani.telangana.gov.in/homePage?lang=en.

  1. Once the home page is visible, swipe up to get the 'Registered Document Details' option.
 
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Retired employee.

It appears from the query that the queries tried all options::: (We have tried eSeva and multiple visits to the office and still we could not get the EC due to one reason or the other. My lawyers are not filing a case because of that and say they need it.)

 

 
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Lawyer

What is the need for EC in a declaratory suit ? I think it is neither necessary/ nor compulsory / required.

.She (vendor) has no locus standi/ authorisation to sell the property even on behalf of her husband, till empowered, as presumed. 

What is the basis for vendee (Purchaser) to have the alleged sale transaction done with the lady who do not have any right or title in the subject property. 

If you are not satisfied with performance of your lawyer change him / her immediately.

 
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Advocate

Firstly the Revenue department is not the authority to furnish the EC.

You may have to approach the Registrar's office only and not the MRO for this purpose.

Your lawyer is right in asking you to obtain copy of the registration document and EC to file the suit you are proposing to file now.

How did you come to know that your sister in law sold the property, do you have the copy of the sale deed by which she sold the property?

However he can file the suit on the basis of the photocopy of the sale deed and the other relevant documents for now, by giving an undertaking to produce the certified copies of the same at a later stage.

Whatever the case, since the courts are not entertaining the ordinary cases like this, even if you obtain all those documents you may not be able to file the suit immediately due to current lockdown situation.

You can get EC through online process too without having to visit the concerned office for this. 

 
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Thanks for your reply, at present Telangana Govt authorized to do the registration of sale deeds at Mandal Revenue Office/ MRO .

MRO kept the document on hold for some reason , it might be lock down or non availability of link document we do not know yet but the old sale deed original copy is in our possession. Our lawyer is asking for EC (Latest) , Sale deed certified copies of both Old and new including Market value certificate, Telangana Pahaani /ROR records etc. Here the twist is the new buyer got the new Pattadar pass book  and used his new originals to update in "Dharani"  portal, now the new owner record is appearing on the website

We came to know about this through neighbor land owner as the new buyer is planning to sell the same to new customer and trying to escape by doing another illegal transaction. At MRO office our brother seen the video of the transaction. We do not have a copy of  bot the new sale deed and the link document which she used to do the transaction. But my elder brother is mentally ill and suffering with schizophrenia (his wife and two sons are also involved in this by doing signatures,

In Telangana courts are running since June 1st, we will be able to file the case if we have all the certified copies etc but we are struck for now. please suggest can we take a criminal action route through Police station by filing FIR etc etc,.  

Please advise us at your earliest, thanking you in advance.

Regards,

Kumar

 

 

 

 
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