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Ratilal V.Sakaria (Advocate)     21 August 2008

Fraudulent Registration of Sale of Land Document

 I have a case in which a piece of agricultural land is said to be sold. The registered owner a lady says that the photograph and signature/Thumb Impession on the sale document are not of the owner of the said to whom the custody of the land is. Now as per my client wish I want to get the fraudulent registration cancelled. What should be my course of action? Under which act I can file a case? whether a case can be a civil suit or Civil Application? under which Order and Rule of CPC? Please guide me


Learning

 21 Replies

kashi nath shukla (advocate, )     21 August 2008

The proper remedy is to file civil suit for cancellation of the aforesaid saledeed.U may go through section 7 CIVIL PROCEDURE CODE.

GOPI KRISHNA (ADVOCATE)     21 August 2008

if you are representing origial land lord, then you can file criminal complaint for misrepresentation, cheating against the person who has executed the sale deed on behalf of original land lord also for cancellation of sale deed
if you are representing registered owner, then you can file criminal complaint against the person who has executed the sale deed on behalf of original land lord.
Also the registered owner may approach the original land lord for execution of confirmation deed to confirm the earlier sale (by negotiation)

Ratilal V.Sakaria (Advocate)     21 August 2008

Thanks Mr.Kashinath and GopiKrishna for your valuable suggession.The so called buyer of land is willing to co-operate and wants the registered document cancelled in favour of original land lord. My querry is how I can get the registered document cancelled on premise of fraudulent representation before registering authority. Whether to got to civil court or the Registrar has got power to cancel the document?


Please elaborate.

aruntrivedi (lawyer)     21 August 2008

File criminal complaints under IPC 463, 465, 466, 420, 406 and prayer inquiry under Sectopm 56/3 of Criminal Procedure Code with an order on Police Authority to submit the proof including inspection of documents and thoroughly check at Forensic Sc. Lab for its correctness and genuineness (more particularly Hand writing and Thumb Impression check) - also file a suit for cancellation of Sale Deed cheating made and obtain an order cancellation of Deed directing the Sub-Registrar of Assurances to cancel the deed and also revenue and/or municipal, City Survey or such other authorities to cancel the mutation entires made and to restore the name of actual owner. Also pray for relief of returning the possession of the land in question to the original owners also directing the police authority and under police protection take over the possession. I think this will solve the problem and will restore your ownership possession etc. and under criminal complaints/case the culprit will be punished for all his bad deeds based on the report of Forensic Lab also the persons whosoever has helped knowingly or unknowingly including the wintesses signing the Sale Deed shall be punished for assisting the offence (which may include if any lawyer/notary/gazetted officer or such authoritatives are involved) - also you can pray for compensation for the time the possession held by the other party and cost of all litigations. We have instituted one case before the Additional Principal Judge of District Court (Rural) at Ahmedabad bearing No. 408 of 2008 and same cause and circumstances are there wherein the same thing is cheatingly done for premises instead of land. If you are somewherein in Gujarat or in near place of Gujarat, I can extend my services free of cost for guiding and drafting you entire litigation including civil and criminal pl reply me per email through this portal.

GOPI KRISHNA (ADVOCATE)     22 August 2008

when the registered buyer is co-operating, then draft the cancellation of Sale deed and incorporate the said contents and register before the registry, but you may have to pay the stamp duty on the amount shown in the cancellation deed, you may check the stamp duty with the registry

shashank manjrekar (Legal Consultant)     22 August 2008

I suggest u should pursue  both criminal as well as civil actions

Aftabkhan Pathan (Lawyer)     22 August 2008

As you are representing original land lord you are liberty to file criminal complaint against the person who executed sale deed fradulantly, but as per my opinion simultneously you need to file civil suit seek cancellation of sale deed executed fradulantly.  

Guest (n/a)     22 August 2008

you can cancel the above said fraudulent document under indian registration act r/w local state registration act.   The document may be canceled by registration of cancel document before Register Office with in 90 days.    


Otherwise you may filed a suit  before appropriated court under Order7 Rule1 of  CPC with in 3 yrs(Under limitation Act)  and under Local state court fees Act(for purpose of court fees)

Ajay kumar singh (Advocate)     22 August 2008

Criminal case is not a proper remedy.No sale deed can be annulled through a criminal case.Moreover,it is the vendee who has been cheated and not your clientess.As your clientess has not executed the sale deed,she can not cancel it by a deed of cancellation.The proper way is to file a civil suit for cancellation of the sale deed.

RAM DEO KAKRA (ADVOCATE )     23 August 2008

whats the remedy if 3 years passed in such cases of registration of fraudlent deed. further is it necessary to cancell from civil court when as per sec 4 of specific relief act states that a documents which void ab initio have no value in the eye of law.clearyfy pl.

aruntrivedi (lawyer)     31 August 2008

Dear Sir Mr. Kakra


All things went very well as per law and action initiated by your Lawyer should be appreciated.


As regards criminal complains filed by JDA the persons should be convicted and punished – that is task of Hon’ble Court to do – Let them do in their own course.


As declared by Co-operative Arbitration Court, now you are an absolute owner and possessor of the Plot and therefore,


(In the mean time on 19/06/2007 for cancellation of Girdharilal Jat lease deed and for direction to issue lease deed in my favour I filed a misc. case with JDA court, which is still pending and without any reason court defers the matter)

JDA should immediately issue new Patta in your favour with due permission for construction and asking you to furnish the plan of construction for its approval, if they are lingering please issue them first Notice for depriving of your constitutional and legitimate rights granted under the Co-operative Arbitration matter and as per papers and documents of the Co-operative Society, giving time of 15 days to take action and after the time limit is over file Petition with High Court for being depriving of your legitimate rights available under Constitution and decision given by Co-operative Arbitration and seek directions of Hon’ble State High Court to issue directions to JDA to issue Patta and Permission for construction of premises and also approve the plans on furnishing in accordance with their regulations immediately. If JDA is running like a Court file an Affidavit duly drafted by your Advocate and submission for due immediate action and if the relief so claimed for issuance of Fresh Patta in your favour and you seek permission to approach Hon’ble High Court, if the same is not granted immediately or within a 15/20 days after all legal formalities and their internal procedure. Let JDA give their findings and order on your Affidavit/Application/Submission.


Take up matter with JDA and inform that you are under apprehension of some body taking over possession of your plot so through their Inspection Branch they may keep a watch over it.


Also inform Local Municipal Authority or whichever is local authority to keep a watch over your plot for any illegal encroachment which may not be made by anybody else without obtaining due and legitimate permission except you.


Also file an application or if need be there file direct complaint with Executive Magistrate to take measures to protect your land since now the same belongs to you and you are absolute owner and possessor, as you are under apprehension for some body illegitimately taking over the possession of the plot and protect the same. Placement of guard also can be arranged for 24 hours from Police Authority on payment basis and also you can arrange with Private reliable Security Agency to protect your land while placing a Guard/Security for 24 Hours on payment basis (make an agreement in case of private security agency to only protect the encroachment of plot and every year make fresh agreement with new agency i.e. change agency).


Hope, this will help you. Please keep me posted of all the developments taking place in the matter.

Sameer Bhatia (none)     13 February 2010

Dear sir, My grandfather left a will(not registered) giving living rights to his wife, after her death the property had to be divided equally among his 2 children. However, my grandmother left a will (her name was municipal records) giving almost all the property to my aunt. After a death, a case filed by both parties(my dad and aunt) against eachother(regarding the partition. Aunt in the meanwhile sold land and registered the sale. How to get it registry cancelled. How long will it take. Please help. Sameer.

nisha george (student)     09 April 2010

 

Sir, My late grand father was having a total land of 1.05 acres widdth on west- east and length on south-north, of which 95 cents distributed amongst his four children i.e. 50 cents to one and 15 cents each to other three by registering four free will deeds on 03.06.1985 i.e. land divided into five retaining fifth portion i.e. 10 cents in his own name on south west side of entire property. Out of four deeds registered, except one deed of 50 cents; the land covered under two deeds were returned to him by a sale deed while the third deed of 15 cents was cancelled, thus he again became the owner of 55 cents land in 1985 i.e. 10 cents on south west side and 45 cents on extreme east. The locations/positions of the land are 10 cents on west south, 50 cents on east of 10 cents and 45 cents on east of 50 cents. In  1990, late grand father transferred 15 cents  showing the location on west south by wrongly showing the boundaries and executed a deed and then got it registered fraudulently in favour of his one daughter while he was having only 10 cents land on west south of the total land. On principle, this seems to be wrong as he has simply transferred the land in excess which he had not got on west-south. In the circumstances, please give your legal opinion whether the said deed is having any legal validity before the eyes of law as per the Transfer of Property Act/Indian Registration Act or otherwise.  If so, what should I do for cancellation of the deed?

 

John Bosco (Proprietor)     08 June 2012

I have come across the same situation as yours.

If your are in tamilnadu there is a recent Circular by IG (registration) Circular no.67 dt 03.11.2011 which gives power to the District registrar himself to cancel the document, if it founds to be fraudulent in the enquiry. It not only cancels the fraudulent entry but also initiate criminal action against the person.

you can make use of that. Every District registrar office is empowered to this

I have got the order from the DRO against the fraudulent entry and got the registration cancelled

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