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Pradeepkumar (Retired Bank Manager)     27 December 2020

Civil suit

We are three siblings. I and my two brothers. Our Parents had two plots each purchased by them in AP in 1978. The property was fraudulently sold by an unknown person styling himself as the son and legal heir of my parents in 2003. He claimed both his parents expired and he is the lone legal heir. His address was false and there is no such address or door number. He first made a GPA as Principal favoring another as Agent who sold to others immediately. Even the address of the Agent is bogus and no such addressee for registered letters sent. My father was alive in 2003 and had passed away only in 2013. My father has noted his designation in the title deed as he was a gazetted officer under AP Gov't. He was drawing pension till he passed away in 2013. Now coming to my siblings my elder brother has deserted his family (Wife and Children) and residing with another lady and has children through her. My younger brother is not at all cooperative and I strongly doubt he has received something from the fraudsters since he stopped communicating with me after all these facts have come to light. Further my younger sibling is not only willing to cooperate, but also says the pension books of my parents were handed over to the department after the death of my father; which is nothing but concocted lies.  The Department of my father has also communicated to me that they do not take back the pension book during final settlement. Which makes me doubt him further. Can I file a suit to restore the title of my parents and get the fraudulent documents cancelled and the original document to the title of the property stands in the names of my parents. . Somehow, I could manage to get a power attorney signed by my siblings in my favor. Can I file the suit in my individual capacity and get the title deeds of my parents restored as title to the property, so that we three are the legal heirs and enjoy the property. Is there any limitation period for filing suit. The Registrars have not bothered to check the credentials of the fraudulent persons, the death certificates of my parents and I am informed the role of the registrars is only to check the fee paid while sale is correct. The Registrars had also registered the sale deeds with wrong link documents. My late mothers document number was shown to the sale of my fathers property and my fathers document number linked to the sale of my mothers property sale. Can I sue the Registrars for negligence and allowing the creation of fraudulent documents through transactions thus created. Are the Registrars in order in what they are saying that they need not check the death certificates, legal heir certificate or whether the link documents are properly mentioned. All I want is the original documents are restored back, Cancellation of the GPA. Declare we three are absolute owners to the schedule properties. Request a mandatory injunction on the Registrars to cancel all records by effecting the cancellation of GPA. Please advise.



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 5 Replies

G.L.N. Prasad (Retired employee.)     28 December 2020

First focus on remedy and file declaration suit, let the court decide.  Your priority is contacting a local advocate, filing such a suit, and obtaining an injunction.   Sub-Registrar is not concerned with the title of the person registering.   They are more concerned with collecting registration fees and proper stamps for the sale deed. First file declaration suit as this incident happened in 2003 and you are still seeking clarification in online forums.  The registered sale deed can only be canceled by a competent jurisdictional court.   Also, file a criminal complaint and enclose a copy of the FIR to the plaint.   Get certified copies of all documents available with the Registrar's office under the RTI Act immediately.

Pradeepkumar (Retired Bank Manager)     28 December 2020

Thank you for the reply. I had already filed suit. 

G.L.N. Prasad (Retired employee.)     28 December 2020

Now, What is your query, when the case is being handled by expert advocate, who knows more facts as he is provided with all documents ?

 

P. Venu (Advocate)     28 December 2020

Please post precise facts relevant to the issue.

Dr J C Vashista (Advocate)     29 December 2020

Be brief and precise for forming an opinion and obligion of experts on this platform.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.


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