FRAUDULANT REGISTRATION OF OUR LAND

You will have to file a suit for declaration and injunction to declare that you are the owner of the property.

You can also file a criminal case against the person who sold your property without your knowledge

the said land is in our custody , but how can sub registrar register the land with out any documents

wat would be the court fees for this suit , we met a lawyer who said that court fees is 4 lak rupees as stamp duty was paid for 2 laks

total property worth is 26 laks and he suggested that this case to taken in district court

cancellation fees is 30 thousand rupees

so total he said that 5 lak 30 thousand rupees for the whole procedure , is it right

Hi Santhusen,
What is the relief prayed from the court? I'm not a lawyer but in my encroachment case, I asked for 15 lacs compensation (including harrassment etc) and had to pay Rs34,000 as Court fee (in Pune). I also read that in Mumbai there is a cap of Rs.15,000/- max so if you're located there, you won't have to pay more I think. Court fee is calculated on the basis of what you are asking from court not necessarily the cost of your land. (Again, I'm not an expert but it can be more or less depending on what is the relief amount prayed from court)
Please note: You can probably sue the Registrar in Consumer Forum (there has been a Supreme Court ruling that government bodies can be sued in Condumers Forum) In that case you will save a lot on Court Fees.
You can probably also file a writ petition, because a government servant has committed fraud.
PLease weigh all your options carefully. Do not be deterred by court fees, most probably you will not have to pay this ridiculous amount.
Wishing you success,
Uma
 

thanks uma i guess the lawyer is taking us for a ride , yes  i have been  searching for court fees in HYDERABAD as i belong to hyd , but i could find only bombay high court fees and which states that maximum court fees is only 3lak rupees and and from the information there i could calculate court fees as 28thousand rupees

than why did lawyer charge us for 5laks 30 thousand rupees

@ UMA

Wat is the time that you ran around the court , i mean to say how many years did you spend on court

thanks

santhosh

Hi Santosh,
I think the 15k cap might be on Mumbai High Court cases. I did read it somewhere.
About your court fees: Please ask the clerks in the court, they usually guide in such matters. Even the lawyers ask them only. Mind you, some lawyers do want to take people for a ride. I am fighting my own case. A lawyer told me to pay 6,000 court fee but he pocketed that entire amount. He gave me a fake case number also. (long story...). I filed my suit around Oct 2010 myself, so far nothing much has happened. The judge got transferred and they kept on giving me dates which I attended in empty courtroom, then the new judge was assigned my case (it's a circus, I know, but this forum is full of helpful people who gave me good advice and reassurance).
Please be very specific in your queries here. List the documents you have, whether you're residing at the property in question, etc.
Be patient and definitely continue be careful.
 

WELL ITS NOT AN OUTSIDER WHO HAS DONE THIS , ITS MY AUNTS WHO HAVE DONE THIS

THE SAID PROPERTY IS MY GRAND FATHER'S SELF ACQUIRED PROPERTY

my father with out taking relinquishment deed has prepared partition deed and divided the property between their two brothers , at the time of registration we promised to give our aunts 3 laks rupees per head for which they kept quiet but they did not sign
, after the death of my grand father the total property transferred to my fahter being the head of family and all the records were in my fahters name

now my aunts who just kept quiet at the time of registration , later without our knowledge bribed the subregistrar to sell half the share to my uncle and prepared a sale deed

they did not prepare a partition deed they did not write any boundaries and they just sold the land with out any details , they did not provide legal heir documents to the subregistrar , they did not have my fathers signature

they did not file partition suit

now my father's brother children met a lawyer who said that it would cost 5 laks for cancellation of the registration , but our lawyer said it would not cost that much but he said he would have to find out

WE know that they have a share in our property but in our family no one asks for a share in fathers property after marriage ,as my aunt and my fathers brother are siblings and same way their respective spouses are siblings , my father brother wife  did not ask for any share in my aunts property as  its just mutual between families

now we want to get this registration cancelled , as according to our lawyer it is barred from time as we had made a partition list in 1985

can we take a criminal action against them for doing htis kind of fraudulent registration ,as if they have any right they should have gone to court to get their share but not like this

we are going to sit for compromise and we are ready to pay them some money , but if the  compromise goes wrong i want to find out wat legal steps that we have to take

I saw a related thread in my search:
https://www.lawyersclubindia.com/forum/Partition-Deed-13928.asp

(I didn't read it thoroughly, I hope it contains some helpful info)

I think you can ask under RTI Act what are the documents required for registration and transfer/ sale etc.. It will prepare some groundwork for your case.

Hang in there, and repost your query if you don't get expert replies. List all the info as you have done here.
 

thanks for the information