• Fraud registration against court orders

We have been struggling from one case, we are not getting proper directions from local lawers hence I am searching for a good lawer who can guide us in a right direction.

Case History:
My mother is the only one daughter to my grand parents, when my mother was small her mother died, later my grand father married another woman but she does't have any children. My grand father has a property of farm land and one house in that village which is a property of his father and documents also in the name of his father. In the year 1997 my grand father died suddenly, at that time he did't write any documents on any one. Then 2nd wife of my grand father denied the share of property so my mother went to court and won the half share in 1999. But the property is not partitioned by court, it's delayed and in the year 2007 she died. The death causes are unknown as we lives in another town far from village. Later we found that our "entire property" has been registered to his (2nd wife's) brother name. The registration is done in 2009. Later they issued injection suit on us saying that we are interfering in that property. Recently that judgement came and saying "dismissed as withdrawn", the opponents had withdrawn the suit and further stating they can apply another suit freshly.
My lawer is saying, "no need to cancel the registration as there is no one registered on her name". I am not convinced with him.

My Questions:

1. How to cancel that registration ? If we go for registration-cancellation will the court divide the share to them also? 
2. How to file declaration of ownership, what are the documents or evidences needed to prove my mother property.
3. How to expedite this case very fast, considerable time is already passed, can we go for district head court ?
4. How to teach a good lesson for them who has been troubling my parents.
5.Since the registration is done in 2009, I heard that if any property is in control of one's hand upto 12 years, will they become owners ?
Asked 7 years ago in Civil Law

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7 Answers

1) you have to file suit to set aside mutation of property in second wife brother name

2) enclose copy of order passed by court wherein mother was given 50 per cent share in property

3) if your mother had obtained orders for partition commissioner must have been appointed by court for division of property by metes and bounds

4) if no commissioner appointed apply to court which passed order for passing final decree for division of property by metes and bounds

5)if your mother is senior citizen apply for expedited hearing of case

6) they would not become owners if they have been in possession for 12 years . your mother is co owner of property and adverse possession cannot be claimed against co owners

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. File a suit for declaration to cancel the registration and seek division of property in two halves.

2. Meet a local lawyer, he will guide you. Title deeds of your grand father is required.

3. Pursue case vigorously.

4. File criminal case of cheating.

5. Forget what you have heard. Do as advised above.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Property can not be registered in favour of anybody. Deed of conveyance conveying the title of the property in someone's favour is registered. In the instant case what type of deed executed by the step mother of your mother was registered? Was it a gift deed or a will? It can not be a gift deed registered in the year 2009 since she had died in the year 2007. If it is a will, then probate should have been taken for the said will and in that case you being the legal heir of the property should have got a notice to enable you to contest the probate application. If there was no will or the said registration of deed of conveyance was forged, then your mother is the legal heir of her step mother.. You should find out what document has been registered in favour of the brother of your step grandmother. If there is no such valid document/deed registered in his favour, you shall have to file a declaratory suit praying for a declaration that your mother is the legal heir of the entire property and also praying for a direction upon the registrar to cancel the registration in favour of her brother.

2. You shall have to collect the death certificate of your grandmother and step grandmother and also the mother deed and the current title deed of the property in question. You should then collect the legal heir certificate of the properties of your grandfather and your step grandmother for filing the above declaratory suit.

3. You shall have to file the suit before the Junior or Senior Division of the Civil Court depending on the value of the property. Disposal of such suit will take time for which you shall have to be mentally prepared.

4. Our law does not permit the aggrieved person to teach any lesson to the accused. You can seek relief and/or justice from the Court. You can file a police complaint if the deed registered in favour of her brother is found to be forged or fabricated.

5. If any body takes and keeps in his possession an immovable property or any part thereof for more that 12 years against the expressed wish of its owner then he can claim adverse possession of the said occupied property. So, file the suit immediately as advised above.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If step mother died before gift deed registration how was gift deed registered in her brother name

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. If she had died 1 month before the registration of the gift deed or the deed of conveyance then who did register the said deed?

2. It appears that the said registered deed is fake and invalid since it can not be registered by her since she had already expired one month before the date of its registration.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Hope your mother is living. Your mother should have filed a partition suit to get her share. You have not mentioned what is the nature of suit she had filed which she is reported to have won.

Further there is no mention whether she followed up the court decree because there is a third person creeping into the property now. You have also not mentioned that on what basis the property was transferred to the brother of your mother's step mother.

Though this transfer is not binding, but for clearing this encumbrance, cancellation of registration is to be sought.

2. Actually if your mother's step mother is reported to be issue-less during her death and have died intestate, then your mother shall become the sole successor, therefore on the basis of legal heirship certificate she can acquire the properties and get the revenue and other records transferred on her name.

If the revenue department refuse to transfer the same then she may approach court for declaring her tittle to the property on the basis of provisions of law of inheritance or succession law.

3. You have to approach the court which is having pecuniary jurisdiction in this matter.

4. no comments

5. Law of adverse possession shall not operate to this situation because he has no rights or interest in the property.

Your mother shall be the absolute owner hence she has to initiate the legal actions immediately without further delay.

Why were sleeping over the matter so far?

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. sorry, stepmother died in 2009 , 1 month before registration. It was a gift deed registration.

She had no rights to transfer the entire property by executing a registered gift deed to her brother.

She had rights only to the extent of 50% in the property, hence the entire gift deed should be cancelled

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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