Civil Procedure Code (CPC)

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ANAND (engineer)     31 July 2021

What next after sale deed declared null and void read more

had purchased a plot in karnataka few years ago and registered in my name. Later few fraudsters have registered the property amongst themselves. 

Subsequently i had filed declaration suit to declare me as the owner and injunction and the other saled to be null and void and not binding upon me. Judgement delivered in my favour and declaring me as the owner

My query is what should i do in sub registrar office to enforce judgement and the other sale deed as null and void. What will be the role of sub registrar and what he is supposed to do in this case?

Thanks in advance

Anand



 7 Replies

Shubham Bhardwaj (Practice)     31 July 2021

Dear Mr Anand, 

As per facts provided by you,  judgment has been passed in your favour it means the fraudulent sale deed has been declared as null and void. Now you must get certified copy of the judgment and submit the same in sub-registrar office. Get the mutation of the land done in your name. Mutation means change of owners name in revenue records.  

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

1 Like

ANAND (engineer)     31 July 2021

Sir, already my name reflects in revenue records.

Any further action by sub registrar like blocking the sale deed or removing the registration entry from the records and software, so that if i apply for Encumberence certificate tomorrow, the fraudulent entry will not be visible anymore.

Regards

Anand

 

Shubham Bhardwaj (Practice)     31 July 2021

Dear Mr Anand, 

Since the revenue record already contains your name therefore you simply need to intimate the sub registrar and patwari of the relevant judgment through a simple application (attach copy with application) so that no further action is done on the basis of the fraudulent sale deed. 

Regards, 

Shubham Bhardwaj (Advocate)

 

1 Like

Dr J C Vashista (Lawyer)     01 August 2021

Well analysed and advised by expert Mr. Shubham Bhardwaj, I concur and appreciate.

You should ensure the subsequent sale deeds stated to have been registered fraudulently are cancelled by Sub-Registrar by submitting an application annexing court order. 

Seek profession service/ help of your lawyer who is well aware about the facts and circumstances of the case, an able and competent person to proceed as required by law.

2 Like

P. Venu (Advocate)     03 August 2021

Who is in possession/occupation of the property? Was the Registrar a party to the proceedings?

ANAND (engineer)     03 August 2021

I am in possession of the property(vacant plot).

Sub registrar was not party to the proceedings

P. Venu (Advocate)     03 August 2021

As such, there is nothing to be enforced other than informing the SRO and furnishing a copy, as already suggested.

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