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deepa (administartion)     06 July 2011

Land tax paid using Forged documents

Dear lawyers

Me and my parents have been living over seas for more than 40 years.My fathers mothers property which is under my fathers name(he is the only child for his parents) is in India.My father arranged his auntys daughter to pay land tax on this property on behalf of us.Recently we visited India,and found out,my fathers cousin only paid the tax until 1993 under my grand mothers name and from 1994 onwards she paid land tax under her name and her 3 other siblings name.Now we are trying to pay tax under our name,the village office refused saying,another party has paid tax in past and they cannot accept tax from us.We requested for the documents under which they were allowed to pay land tax under RTI,and the village office replied there is no documents available at the office.But verbally the officer said my fathers cousins showed a letter in white paper saying it was send by my father saying he is givin them the land.My father have not been to India after 1990 since he is unable to travel due to medical reasons.As per land registry office,no changes have been made to the title and is still under my fathers name.I also have incumberance certificate of the property for past 45 years.

Please advice how to deal with this case...



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 3 Replies


(Guest)

As you said ,"As per land registry office,no changes have been made to the title and is still under my fathers name.I also have incumberance certificate of the property for past 45 years."

If your father name is given in register office then get a new incumberance certificate and also title clearence certificate in order to ensure the legality of the land.

After that pay tax under your  name by giving your entry number , 7/12 extract etc.I dont think after that  village office will refuse you application .

Any person can pay the Tax in the name of Owner. If he had no LR's they can became owner on succession.

If you found that they made a forged letter to enter their name in register office then file police complain under section 420  cheating.

1 Like

Bharatkumar (ADVOCATE )     08 July 2011

U search a last 50 years records of Revenue and sub-registrar office then u decided how to chang the name in records and if any doubt u give a application to the concern authority for that and collect all papers for study OR U give a RTI in concern authority if after study the all records and documents u know that some wrong documents r made, u meet local lawyer for that and file a criminal case and civil suit for possession your property.

1 Like

Narender Raj G (Advocate)     08 July 2011

 

Revenue and municipal records shall not confer any title as per  Law.

But those entries would be considered either for prima facie case or for possession.
 
You have to do these things:-
 
File a petition to the authorities for rectification of ownership in regarding to LAND Tax by submitting relevant record;
 
Lodge a criminal complaint with the police for the offences Forgery for cheating and criminal breach of trust;
 
if you got possession, file injunction suit.
 
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