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karthik   07 September 2016

Property sold to us with fake documents

I purchased a property in Nov 2013, availing loan from bank, after they cleared and verified all the documents. The property actually belonged to brothers of one family (as partitions). The younger brother had got settlement deed from his elder brother in 2011, after which he became the sole owner of the property, and then he sold it to us. The elder brother is no more. Now in 2016, the daughter of the elder brother claims that her father died in 2008 and never gave settlement deed to his younger brother and questions how can her father give settlement deed in 2011, as he expired in 2008.Now we have come to know that the person who had sold the property has forged that settlement deed (even though it has been registered officially) and has sold the entire property to us. Now,she says that she is going to file a criminal case against her uncle and us. We are facing troubles for no fault of ours, can anyone help us with legal suggestions..



Learning

 5 Replies

KS Johal   08 September 2016

Is the bank a aware that false documents were used to gain the property?

binay (advocate)     08 September 2016

Is Ur sale-deed based on the settlement deed?

G.L.N. Prasad (Retired employee.)     08 September 2016

The immediate inexpensive process is filing a criminal complaint before jurisdictional police.

Then one has to file a declaration suit as expeditiously as possible (As the suit runs for decades) to declare the sale deed as valid (as per advice of advocate) to the extent of the undivided share of the person and for settlement of the property subject to your ownership rights.

As there is limitation period, one has to move the court as early as possible.

karthik   08 September 2016

the bank is not yet aware, since we are waiting to see some proofs for her claims,

based on the settlemen deed (i.e, for a part of the property), the ownership went to the younger brother. Then the younger brother sold it to us.

Thanks for the replies advocates.

 

P. Venu (Advocate)     08 September 2016

You are an innocent third party. You may initiate criminal and civil action as suggested.


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