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UMESH (NONE)     11 November 2012

Need a solution from the experts

Hello All,

My father bought two adjacent plots (3800 sq ft) in the outskirts of chennai in 1983. He expired 15 years ago leaving behind my mother, sister and myself. Till 2009, I had made several visits to the plots to check whether anything has changed drastically. After a gap of three years, in Oct 2012, I happened to visit my plots and was shocked to see a decent house built in one of our plots.  Subsequently, I approached the registrar office and obtained EC. I was again shocked to see that the same plots have been sold to another person on 22/03/2010.  In the EC it shows as though my sister and myself have sold the property to the person, i.e Executants as our names and Claimant as the buyer.  One more important fact is that, My MOTHER IS STILL ALIVE and with us. The EC does not show my mother's name at all.  And moreover, this person has sold the plots to some other person. In all these, the EC shows it as  conveyance ua/metro.

The issue is WE HAVE NOT SOLD THE PROPERTY OR SIGNED ANY DOCUMENTS AT ALL AS SHOWN IN THE EC.

Is this a clear case of forgery and impersonation?  Is it possible for us to get the land back even though a house has been built and nearing completion.  Does the Registrar has the power to cancel the deed?

Please explain in detail the steps to be taken in this regard, so that I can proceed further because we three are the RIGHTFUL OWNERS of the property.

Expecting an early reply from the team of experts

Regards



Learning

 2 Replies

Chirag Bhatt (Lawyer Gujarat High Court)     11 November 2012

First of all immediately (without wasting time) pls. go and get the police complaint registered.

Registrar has no power to cancell the sale deed. you have to file a suit for cancellation of sale deed  and declaration  along with the application for interim relief (stay) before competent civil court.

You can also file an appeal challenging the entry made in the name of others before the higher authority of sub registrar. It may be Prant officer as in Gujarat it is Prant officer.

Regards,

Chirag Bhatt

Lawyer

Ahmedabad

JANAK RAJ VATSA (ADVOCATE)     14 November 2012

file a civil declaratory suit with injunction restraining the parties to further the construction and a stay .


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