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balwinder s bains (Nil)     19 April 2012

Fraudulently executed ancestral property transfer deed

Dear Professionals,

  1. Can some one provide the copy or reference of SC/HC judgments which declared illegal/ void the coparcenry property transfer deeds or sale deeds or registered deeds where the facts were not disclosed or kept hidden and or were based upon false or misguiding information recorded in sale deed was provided or given to the registering authority.   
  2. For example if a father under illegal influence or other wise where it is mandatory to declare your children or class one heirs ( I believe if his son is expired but is survived by his wife and minor son) he is required to declare that in the deed but intentionally keep it hidding. Does this fact make this deed illegal and it comes under fraudently registered deed?
  3. If principal document on which this deed is solely based is referred incorrectly in the deed, resulting in changing or challanging the existance of that principal document (may be a typographical error) . For examplae the reference no of said document is say 9 but written in the deed is as 9. Can the registeration or mutation of such deed be stopped unless the correction has not been made or implemented. 
  4. In other wordds, How the technical and or typographical errors can be corrected in a executed sale or transfer registered deed? Can on the the basis of such errors mutation should be stopped?
  5. Some part of the land (say one kanal out of 50 kanals) was disputed and was also challanged before mutaion certification by the brothers of the transferer or seller the father in this case. It was found that those objections were valid and some area of the land was excessively taken or transferred by him in the name of his one daughter, & He the transsferer or seller agreed to forget that part in the court of assistant commissionar grade 1 and give it back to his brothers now question is the goverenment revenue records can be changed based upon their mutual undertaking but the deed which was duly registered and signed and the original copy which is in the custody of the buyer or  the beneficary how this deed will be changed or how those corrections can be made or changed in this original copy? And many more those certified copies which have been issued to the third parties? Does this deed will require to be cancelled and reexecuted or else? How those khewat or khasra no can be omitted from this executed orginal deed and the certified copies of the deed issued by the sub registrar office?  
  6. Will this deed remains ingenuine or illegal unless those corrections are implemented?
  7. What is the leagl process to implement it?
  8. What are the basis or detailed  reasons on which a coparcenry property transfer/sale/registered deed can be declared as in valid, illegal, fructuious, null and void or wrong?     
  9. What are the basis or detailed  reasons on which MUTATION of a coparcenry property transfer/sale/registered deed can be stopped or declared as in valid, illectutious, null and void or wrong?   

Your worthy suggessions are most welcome and will be very much appreciated.

Best regards,

 1 Replies

balwinder s bains (Nil)     19 April 2012

Apologies a correction in above para 3; read as " WRITTEN IS 0 IN PLACE OF 9."

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