Illegal transfer of property by forgery & impersonation
Dear All,
I thought of seeking your advice on the problem my family is facing. My mother owns a plot(non-agricultural) in Hyderabad(Qutbullapur), which was purchased by my father(in 1989)when he was alive. Original documents are in my mother’s possession. There was a compound wall & shed constructed in this plot. The south wall damaged due to rains recently. We were planning to visit that place and re-built it. In the meantime, we came to know that someone is cleaning the place. We approached registration office(in Dec 2011) for EC and realized that property was sold by some lady claiming as my mother, the photograph and signature are not same my mother’s.
We approached the police, registered a FIR. We are not aware of the next procedure.
1) Is it within the registrar’s authority to cancel the illegal sale deed? Few lawyers, whom we approached, said ‘yes’ and few say it has to go thru civil case.
2) How important is it to bring the buyer to the police? We were told that the police has to bring the buyer and get his consent (signature) on the registration cancellation form.
If the buyer is genuine and got deceived, why will he/she sign on such cancellation form, without recovering their money? On the otherhand if it is a fake transaction, as in our case, the buyer claims to be a close relative of one MLA, what should be our approach?
Since we all work outside Andhra Pradesh, visiting Hyderabad frequently to sort this is difficult. Knowing the next action or the approximate timeline will help. My mother will not be able to handle on her own - she is touching 60.
Appreciate your advise. In case you need any further details, please let me know. Thanks in advance, for your time, patience and responses.
Regards
Lakshmi
27 Replies
In my opinion, you need to publish an advertisement in a local newspaper proclaiming your ownership over the property and warning others not to enter into any transaction with respect to the said property. You also need to file a civil suit in the court having jurisdiction over the area where the property is located for “declaration of title and restoration of possession”. Meaning, a declaration by the civil court that you are the lawful owner of the property and for possession of the property to be handed over to you.
The buyer, if has purchased it bonafide has his remedy against the fraudulent seller. You cannot be deprived of your property only because some one has purchased the same in good faith from a fraudster.
Please consult a local lawyer in Hyderabad to take you forward through the court processes.
Thanks for the response. I am glad to mention this issue is resolved. There is a recent High-Court ruling which allows the registrar to cancel such illegal sale deeds after verifying the original documents & authenticity. It took several rounds to the police station & registrar offices and many hours of waiting at both offices to obtain cancelled documents.
There was no need to involve a lawyer, though we consulted few. Thanks once again.
Regards
Lakshmi
Dear Lakshmi,
Good to know that your problem is resolved.
I too am facing such case of Illegal Agricultural Land Transfer…therefore…
I request you to kindly send me the details about relevant High Court Ruling / Judgement in which a “Registrar can cancell such illegal transfer of property” at my following e-mail ID and please oblige.
E-Mail ID: (ajaybrahmbhatt[at-the-rate-of]gmail[dot]com
) Thanks in advance
with best regards,
Ajay
Hi Lakshmi,
I am facing exactly similar issue.
But we came to know about this when we were building walls in our plot.
This impersonation selling was done few months back and we go to know about this yesterday.
Could you share more information on how you resolved your issue.
can u tell me the High Court ruling as we are also facing the same problem.
Hello Lakshmi,
Unfortunately I’m also in the same boat. I will be really thankful to you if you can share the details of the High Court ruling on this.
My Sub-Registrar is saying that he can not do the unilateral cancellation. He says both the parties (The Original Owner and the person who is owning the current registration document) have to be present for the cancellation.
Could you please confirm that is the case with you as well??
Thanks
-Lakshmi Narayana
hi,
could you please send me that citation on which you relied, i am in need of such decision.
(manoj.shrivastava39[at-the-rate-of]yahoo[dot]co.in
) mobile 9425345587
Hello,
Can you please provide me with the high court judgement in cancellation of the fraudulent deal? (an_gani[at-the-rate-of]hotmail[dot]com)
Hi,
One of my friend bought a property(land), two months later he came to know that the original document was forged and the person who did the forgery has escaped.
The original owner has returned and claims to have the original documents intact.
My friend did not directly approach the false owner since there are three agreement holders(agents) involved in the complete process.
There may be chances that the agents has created a false person with all false documents for registration.
Is there anything he can do to get the money back from the agents?
Thanks in advance.
Respected Madam,
I have gone through the mail and happy to know that there are High Court Rulings with regard to cancliation of sale deed uhich are done illegally by forgrery and impersonation can you send me the citations so that i can solve the problem my self.
My E mail I.D
kumarswamykollipara@ Gmail.com
Dear all,
Ms. Lakshmi case is not at all of Civil nature. once you are involved in Civil matter, you cannot predict its end. Land brokers and/or other people trying to make money out of putting the land owner in trouble are very knowingly doing such acts to ltigate the property. and you will appreciate our judiciary, it wont allow you to get the possession till your life once it is in court. Civil cases runs for years and that is the reason why advocates are advising, brokers are litigating in a way that you will be ready to sell at throw away price or you will just forget the property in litigation.
It is simply a fraud and for this you should make an FIR and if nothing works file a criminal case.
I never understood as to why Govt makes such system that you can register any property belonging to any one. Registrar is concerned only about govt revenue and of course his/her own performance. this kind of practice is rampant across India but govt is silent as in one hand govt is making money and on the other persons connected with judiciary are thriving. Worst part is then when you would realise ‘Justice delayed is Justice denied’. In India it is ritual. I am writing because I am a victim too. Cases are running since my great grand father, evidences after evidences, dates after dates have seen many in my family dying. But Justice? still awaited…
please send that statement recent High-Court ruling which allows the registrar to cancel such illegal sale deeds after verifying the original documents & authenticity.
my mail address: (amarnathreddygaru[at-the-rate-of]gmail[dot]com)
Respected Madam,
I have gone through the mail and happy to know that there are High Court Rulings with regard to cancellation of sale deed which are done illegally registered the plot to other person, can you send me the citations so that i can solve the problem my self.
Thank you madam,
My e.mail address: (chitturuachyuta[at-the-rate-of]yahoo[dot]co.in)
dear sir,
i have a also a problem regard9ng illeagal transfer of property by forgery and impersonation. some of villagers sold the land buy fraud documents and sale deed the some deed was 1958 1962 1972 1979 and the some of last deed in 1995 1998 2011. the mamlatdar office says we have no document in this matter. the villages talati also said we dont have document of this kind of selling. how can i find this document because mamalatdar said in a flood all the document destroyed in a flood but some of the deed not registred in sub registrar office or in mamalatdar office..the acutual land owner died in about 15 year before sell deed and in a last 2011 actual land owner died time was 30 year. how can possible a died men how to sell a property. pls help me what should i do ?? and what is the high court or supreme court judgement pls give me this judgement of illeagal transfer property.
pls send me the high court and supreme court judgement regarding this topic
(bhagirahsinh_rana[at-the-rate-of]yahoo[dot]com)
Also send me mail : (karthik01.gdi[at-the-rate-of]gmail[dot]com)
pls send me the high court and supreme court judgement regarding this topic
(Sunil5269[at-the-rate-of]gmail[dot]com)
My kind request is please send me the high court rule(cancellation of illegal registration ) or please give me a call on this number ,since I am also facing similar issue .
I am requesting you hertfully once again ..please give me a call
Thanks
Krishna
8886371412
(golikrishna[at-the-rate-of]gmail[dot]com)
I purchased 2820 sq.ft of land in 2002 and got mutation under my name. but when we went there to take possession one other party came and said that 1360 sqft is registered on his name 10 years back and he also got mutation done on his name after us. we filed a civil suite and its going till today. 5 days back i noticed on 2 places there is written “Sthagit” on his registry last page. and in one place stamped and written new date. the difference in old and new date is about 2years. and i also noticed his mutation has word 60B printed on it. now i am confused if this registry is fake or original. please let me know how i can check it for fake registry.
thanks
Sunil
Hi
The claim of other side is fake . He has claimed mutation based on Section 60 B of Indian easement act which reads as follows: .
Section 60 in The Indian Easements Act, 1882
60. License when revocable.-A license may be revoked by the grantor, unless-
(a) it is coupled with a transfer of property and such transfer is in force;
(b) the licensee, acting upon the license, has executed a work of a permanent character and incurred expenses in the execution.
Also the word sthagit means deferred entry made. that is the entry was not there originally, but have been entered at a later date on the request of license.
so no worries at all. if it is fake the first time, it is fake every time. go ahead and point this discrepancy in the court.
The advocates are telling me that 60b is done for every mutation and its right…and they have their own opinion about 60 b which doesn’t match…with your opinion..but I believe you are right…
Today I visited registrar office and saw the registry and minute log I saw that paper written sthagit and and there was also written swikrit in year 1993. Then I saw the minute log the entry was there.. But I noticed there was written swikrit date 1992. But was signed in 1993. I talked to the babus and they told me this is small mistake..and as a human it happens…and also told me its not fake registry.
Now I have to see the mutation 60b on Monday.. On this 60b mutation the advocates here are not willing to accept my point. They are saying every mutation is 60b. Either they are making me fool..or they are fools…now I need your suggestion on this issue…let me know thanks…
Sunil
We are having 3 plots which are in the name of my Grandma. There are 5 children of my Grandma from which my father is the only educated one. A person in my grandma’s contact told her to bring the property papers so that he’ll help in registration of the property. So my grandma and my uncle which were both illiterate went with the property papers without even telling my father. So that person cheated my grandma and sold the property to other parties without even telling us. When we heard the news of selling our property my grandma died with heart attack. All my property papers are with him. My two uncles and one aunt lost the hope of getting property back and now they are in his side because he gives money to them and now he has even removed our light connection to get us out of the house. Plz help..
@AnonymousLLB My Aunt owns a plot in ranchi jharkhand, which was purchased by my uncle when he was alive. Original documents are in my Aunt possession. In the 2016, we came to know that someone sold . After approached registration office for EC and realized that property was sold by some lady claiming as my Aunt, the photograph and signature are not same my Aunt. The seller told my Aunty family that my father was involved in it and escaped. My aunt’s brother forced my father to write my father house in their to compensate, as aunt’s brother is local politicians and came with local goons . Top of that they file case stating my father has involved thats why he has signed his property to aunt’s family. Please share me your advocate number with me . From 3 years he is suffering..without doing any thing in this. Please anyone share good lawyer to come out of this call me on 784792o41o or mail me gauravkaran09 @ gmail.com
Hi sir, .I am from kurnool Andhra Pradesh.My father brought 3 acers of land from muslim in 2005. During registration time his family members came and registered.That muslim guy have brother and mother.brother have 3 acers and mother have 2 acers.mother was given GP to someone and that person put un approval layout in 8 acers instead of 2 acers.when we are developing our land some people came and asking our plots are there in our land..we don’t know what to do..The person who sold us still he is there.when we asked him about this he told those plots are not valid plots like that he is telling.kindly please help us what we need to do. Kindly please help us Right now we lost my father also.my mother don’t know anything.i am staying outside town..last Jan I have cleaned my land and put stones fench and requested servey person.we got enforcement from servey person . People are coming and asking plots are there in our land Kindly please give us some suggestions
Regards Sunil
@AnonymousLLB plz send the rulling for the same to meenak24( at the rate of)Yahoo(dot)com.thanks.