In hyderabad telangana I bought house from my mother in 2002 through registered sale deed and I have been paying tax for my property since and my parents are still living in that same house and I'm living in abroad, I have constructed my house with 2 more floor since by giving money to my father which i have no records, now my father mother and all my brothers and sisters selling my house illegally to land grabbers or goons as my father has my mother's original documents(which is now link documents) and taken bayana In registration office, EC and in muncipal office records the property is on my name. Now land grabbers are saying they will take all link documents (my mothers old docs) and illegally do the the registration of my house to their name and take the position and fight the case with me for years as they have lots of money and political power. I'm living in abroad and worried about this, please any advice much appreciated
1)file declaratory suit that you are absolute owner of the property
2) seek an injunction restraining your parents from creating third party rights on the property
3) also seek court orders to dire t mother to hand over all link documents of property to you
4) you can execute POA in favour of family member for filing of suit
5) in the alternative sell your property
1. The property is registered in your favour through a sale deed, it cannot be sold by anyone except you. Immediately file a suit for injunction against your parents and siblings to restrain them from creating third party rights in the property.
2. If they succeed in selling the house then it will be a long drawn legal battle for you to get the sale declared illegal and recover the possession, so take preemptive measures now.
3. Engage a lawyer in India and get going immediately.
1. Well, if such threats are imminent which seems likely then do not waste time and seek legal recourse.
2.Immediately file a suit for declaration of your title and injunction so it may not be sold out illegally.
3.once injunction order will be in place no such sale will be enforceable.
4You cna give a newspaper publication also such suit and injunction order.
5. Since you have a good title your possession can be secured once court pass a decree.
Dear Query Raiser,
You may file a police compliant of such illegal activity happening with sufficient proofs through a lawyer in the concerned area and get the same restrained. If the police does not file the compliant you may file a petition before the Court under Section 156(3) of CrPC so that the complainant may be taken on record and prompt action may be taken.
Please note to get the Sub Registrar a party to the same.
1) First of all try to take property in your hands.i. e. Possession of property and seal it by putting big hoarding name of yours. Write on it Trespasser Prohibited note.
2) Informed all drama took on your place to police station and registered FIR against all above mentioned people.
3) Take a stay order from court that no sell should take place of your survey number of house and submit it in registrar office.
Please give rating to me.
Having sold the property to you in 2002 itself through a registered sale deed, your mother parted away with the ownership over this property. As on date, she's having no title to sell off this property.
Immediately approach the civil court and seek an injunction against your mother, restraining them from creating 3rd party rights over this property.
Dear Querist
You should immediately send a complaint before the sub registrar office of area in which the property is situated, regarding the illegal selling and purchasing of your property.
after receipt of your complaint the sub registrar will be bound to hear you before registration of any sale deed or other deed regarding the property belongings to you.
Feel free to call
File a case for declaration before the civil court to declare you as the absolute owner of the property in view of sale deed executed in the year 2002 by your mother.
File an application for injection against your parents and siblings and their henchmen's for not to alienate the property.
You can appoint a power of attorney to file a case in India on behalf of you.
1. First of all send a complaint to your nearest police station and mark a copy thereof to the concerned S.P./D.C. alleging that your property is being attempted to be grabbed by the persons (name the persons) by manufacturing a fake deed of conveyance based on the link deeds taken from your mother.
2. Thereafter arrange to file a declaratory suit praying for a declaration that the said property legally belongs to you which can not be sold or dealt with in any manner by your parents and/or relatives with out your written consent.
3. You can also file an application before the Court under Order 39 Rule 1 & 2 praying for an order upon those persons restraining their entry at your said house.
As you are in abroad, someone in your native has to engage a trustworthy lawyer to contest on your behalf. As it is in your name, they cannot alienate nor take the possession. Your father and brothers should support by fighting against the goons by lodging a complaint with commissioner, if not court.
Hi
If you have purchased the property through registered sale deed, then the sellers (your mother) can no longer claim ownership or possession.
Also that the originals of link documents are being retained by your parents and siblings is of no use to them as you are the owner of the property by virtue of the sale deed.
You need to file a suit for declaration of title u/s 42 of specific relief act and obtain consequential injunction orders from your mother and other siblings from interfering in your property. In the same suit, you should also obtain injunction orders issued to sub-registrar, directing him to refrain from registration of any document(lease/gift/sale) on your property.
Hope this information is useful.
If your mother sold the property and the title is in your name no can sell the property even by linking the documents.
If the possession is taken by the other party as allowed by your parents the only way is to get the opposite party evicted from the possession.
The political power may work in police but never works in judiciary.
If there is no quick decision from the lower court then you may move a petition in the HIGH COURT to get a direction for speedy/early decision by the lower court.
Hire Local Advocate and file FIR.
Hello,
You will have to contact a local lawyer who can file a civil suit to obtain permanent injunction for you.
filing a case in the court at this juncture is the best option, ask your lawyer to obtain an order that no third party should be created.
Regards
Immediately write a letter to concerned Sub Registrar stating that you are the owner of the house (give details of your house) by virtue of sale deed dated 2002(give sale deed particulars) and your parents and your brothers and sisters are not the owners of the said property but are trying to sell your house illegally to third party.
It is, therefore, prayed that no documents regarding the sale of the said house may be registered as you are the only owner of the said house.
You may also give a public notice in the local newspaper to the effect that you are the owner of the house (give details of your house) by virtue of sale deed dated 2002(give sale deed particulars) and your parents and your brothers and sisters are not the owners of the said property but are trying to sell your house illegally to third party. Any body dealing for purchase of the said house shall be doing at his own risk and consequences.
Take immediate step.
Firstly you should not be afraid of such persisting threats.
The barking dogs seldom bite.
If you apprehend somebody trying to sell the property without your knowledge, you may file a mandatory injunction against the third party seeking to restrain him from interfering in your possession and enjoyment of the property and also to restrict him from posing threats to sell the property with the help of his money and muscle power.
Why are your parents selling the property to the goons/third party, is it under pressure?
Since the goons are reportedly hooligans and powerful, a complaint with the top police officer about this illegal activity may be submitted for his interference and necessary legal action and relief.
My mother is taking a u turn and telling everyone it was fraud registration, and threatening me that they will file suit against me, though she came to registry office and signed and have finger print on sale deed and my 2 brothers signed witness too. I also lost my original sale deed, I have certified true copy, is this a weak point in my case...
let your mother say anything now, you can face them in the court on the basis of genuineness in your side
1) your mother had sold property to you by regs sale deed full consideration received by her
2) in the event she files suit now after 15 years to set aside sale deed it would be dismissed
3) if any fraud was played upon her what was she doing for 15 years
4) if you have lost original sale deed file FIR about loss of originals
5) also issue public notice about loss of original documents
If you have the payment receipt or pay her thr amount of consideration of that property by way of cheque or demand draft or via online mode then no need to worry, but if the money has been paid in cash the there will be a weak point, but no need to worry, the registered sale deed will save your property
1. If they are threatening to file a suit against you then file a caveat and renew it regularly to thwart any attempt by them to walk away with an ad-interm ex parte injunction against your right to alienate the property.
2. The certified copy can be led in evidence.
Lost of original document will not make your case weak, you still have a good case even if your mother and siblings file a case for nullifying the sale deed executed in the year 2002 it is barred by limitation Act.
Did you file a complaint for having lost original documents, then it will help you. The certified true copy along with patta, revenue records, will help establish your ownership. If your mother takes a U turn, then she will have to face the legal consequences for denying her signature and thumb impression and uttering false statement in the court.
Keeping in view that the steps I suggested would have been taken by now,, if not, take immediate step as advised.
As regards, filing suit by your mother, let her file the suit. Lodge complaint with concerned police station regarding the lost of original sale deed and obtain a certified copy of the sale deed from the office of Sub Registrar.
1) Actually you to take objection on this latest sale deed, by showing your previous sale deed.
2) If you have made sale deed in the year 2002. For what purpose you have been waiting for registration for title on property?
1. If it is a fraud registration, she shall have to prove the same before the Court of law and the Court shall have to pass judgement declaring that your said title deed has been fraudulently been obtained by you.
2. Loosing the original title deed is certainly a minus point unless you have lodge a missing police diary and notified the said loss through Newspaper publication.
3. Since the deed was registered by her, it will be difficult to prove that it was fraudulently registered by you.
No.
It`s 15 old registration. Also there`s presumption in law of validity of registered document. She don't have any case.
No not having the original copy will not weaken your case if you are in possession of a certified true copy of the deed.
Regards