Demolishing my boundary wall on the pretext of Pardanashin woman
I bought a piece of residential plot 2000 sqft @ Rs 5 lakhs in the outskirt of Rourkela way back in february 2009 from a lady aged 58 years. i was granted patta in the year 2011 and my name reflects in revenue records.Now the market rate of the plot rules around around Rs 15-20 lakhs due to steep revision of bench mark valuation by the Government of odisha in the year 2012.
Now let's come to the problem around 10 August this year i got winds that the same lady who sold me aforesaid piece of land , has filed a civil suit against me and the broker as well , to cancel the sale deed and awarding permanent injunction citing following reasons:-
a) She is a Pardanashin lady and not well versed with english language
b) Sale deed was drafted in english which she could not read or understand.
c) Taking advantage of her ignorance the broker has got her signature in a false impression that she is signing on a agreement paper not on a sale deed.
d) The buyers have bribed revenue officials and got RoR on their name.
d) She alleges that she has not been paid any amount as mentioned in the sale deed.
In the interim during month of October 2014 before i could get winds of the aforesaid case her goon son and husband sent some labourers to my piece of land and demolished my boundary wall.Further they blocked the 25 feet approach with mortars. Same was the fate of other individual land owners who bought their piece of land from her 5 to 7 years before and had RoR on their name.When we joined together and protested against the wrong doing the lady and her goon son faked that they have got permanent injunction/court order stating possession of our land is illegal.However they were unable to show any court order. This raised our suspicion and we approached the local police station.Now the Policemen confirmed that no copy of permanent injunction / injunction for protection has been received in the account of my plot and my neighbours' plots as well. Hence it was proved beyond doubt that the lady is playing dirty tricks taking cover of "Pardanashin protection" .In fact we learned that she had filed 10 separate civil suites on all 10 land buyers.However none has received court notice till date.
Hence on 05 Novmeber 2014 we lodged total 10 FIRs with Police against the lady and her family members for tresspassing, damaging private property and attempting to extort money by obstructing approach road . After police intervention , around 15 November 2014, her drunkard husband and rowdy son at last admitted of their wrong doing in front of Police and promised to rebuild the compound walls of all the victims by 10 Dec 14.
However now they are not keeping their words and threatening us with various means as following :-
a) Threatening to Continue the civil suit in the pretext of fake Pardanashin case.
b) Threatening to stop of our house construction work by sending goons or getting Sec 144 invoked.
c) Threatening to resell the vacant lands to some other parties and make the things murkier.
d) Demanding additional amount of rs 2 lakh from each of us to restrain herself from Sl(a) and (b) as stated above as her lawyer has well informed her that burden of proof lies on defendants in pardanshin case and many of us do not possess the original money receipt that she signed while she took cash.
What is the legal remedy? How can we protect our piece of land? We are total 10 individuals having same sort of problem.
Actual facts ... (plus points) Her fraudulent suites have not been admitted in hon'ble court as of date (this i verified from the court, some are at office note stage). May be she has no proper document to show to the judge.Moreover i never received any court notice till date for appearance. The lady actually signs in oriya and english as well.She speaks in public. I have video evidence. Her son and husband always accompanied her at the time of sale deed execution at registrar office and in-fact signed as marginal witness during land registration, sale deed has clear recital of consideration amount of rs 5 lakh, however i lost the original money receipt duly signed by her and two marginal witnesses,she even signed all the documents for land mutation and passed on the title/patta on my name without any objection in the year 2011.However some individuals do not have money receipts as they have paid money in cash as a matter of trust and got the land registered on the same day way back in 2007. Now after 5 to 7 years it seems the lady has turned greedy and playing all these tricks for extorting money
Asked 2 years ago in Civil Law from Rourkela, Odisha
Hi, when the sale deed was duly registered she can't claim the property as her own after selling and if they alleged sale deed was executed by way of fraudulent way it is difficult to prove in the court of law and do one thing file suit for deceleration to declare you are the owner of the property and also sought for injunction restraining her interfering the peaceful possession and enjoyment of the property.
1) you have good case on merits
2) registered sale deed has been entered into with the lady and land duly transferred in your name .
3) you have video evidence that lady speaks in public is well versed in english language .
3) the seller has signed all documents for land mutation in your favour
4) the mistake you made was you paid Rs 5lakhs in cash and dont have money receipt for the same .
6) dont bow down to black mail tactics .
7) you should contact a local lawyer and contest case on merits .
8) you can file declaratory suit that you are owner of land and seek injunction restraining lady and her goons from disturbing your possession .
9) record all threats received from lady family members . obtain copy of statement made by lady husband and son before cops wherein they admit their guilt
1. The lady has found good ground to claim back her land for your not following rule viz, paying by cash,
2. You also have good grounds to contest her claim,
3. He/She who submits valid evidence in support of his/her claim will win the case,
4. The fact that her literate husband and son signed the said sale deed as witness will be a very good ground for you to claim that her claim that she did not know that she is selling the land is a false claim,
5. Any video showing that she is actually not a pardanashin woman and also that she understands english will be added grounds to prove her claim as false.
1. What else i can do to prove that she is not a pardanashin hindu lady? Apart from the said video clip of 2 minutes where she is quoted to be saying that her lawyer had advised her to demolish the boundary walls , I have some documents where she has signed in English while appointing General Power of Attorney (GPA) to her nephew.
2. Can a hindu lady be termed as illiterate when she put ten to fifteen signatures in oriya and english on as many as 14 sale deeds she executed in front of the registrar over the period of 5 years (2007- 2012) with her husband and elder son presenting themselves as marginal witness?
Asked 2 years ago
1) the evidence mentioned by you is sufficient to demolish her case
2) lady cannot claim to be illiterate when she has signed documents in english language and said documents have also been witnessed by her immediate family members .
3) she cannot claim that she is victim of fraud and that she is pardanashin lady
1. Firstly it is difficult for a Hindu lady to convince the Court in the year 2014 that she is pardanashin,
2. Moreover, you have adequate evidence to prove that she is not illeterate and also that in your case, her husbans and son were the witnesses of the deed,
3. There is no merit in her case,
4. Engage an alert lawyer to contest the said case.