• Fraudulent registration of land - cancellation of document

A land ( 2 plots of 450 yards each, plots 12 & 13)) was bought in my sisters name from a property venture in 1980 nearby to Guntur (AP state). Recently I found the neighboring plot owner ( No 14)  putting up a fence including one of the plots adjacent to his i.e No 13. I told him to stop and then applied for an encumbrance certificate which showed that the same people who sold the land to us had also sold plots 13 and 14 to that person in 1985. When I approached the man who did the venture, he assured me that I can relax and my sister is the rightful owner. However I am worried that the land may be sold anytime using the second fraudulent document. Kindly advice how I should proceed.
Asked 4 years ago in Property Law
Religion: Christian

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18 Answers

File suit to set aside fraudulent sale deed executed by seller on favour of neighbour

Seek injunction restraining sale of property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1.The seler seems to be a fraudster or crooked man if indeed he has sold the same land to to different persons.

2.So without delay install your won fencing so your neighbour can not make encroachment to Plot no.13.

3. If you have purchased the land beofre your neighbour did then you have a good or better title than him and your neighbor has no relief from you and if he wishes he can seek refund or damages from the seller.

4.if you can not make fencing if your area or he has encroached your area of land then you must file a suit for declaration, recovery of possession and injunction.

5. you can file a case of cheating as well agaisnt your seller.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Court fees is state subject and varies from state to state

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

File suit for declaration and mandatory injunction against the neighbour and to declare you people as lawful owner of land.

Court fees varies from state to state.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Plot 13 having been sold to your sister, couldn't have been sold for the second time.

Immediately approach the civil court and file a suit for cancellation of the illegal second sale deed of plot 13. Also, seek a stay so that no third party rights are created during the pendency of the suit. Also, seek possession, if you're not retaining the same over plot no 13.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Contact a local Lawyer to know the court fee involved.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The court fee value is calculated on basis of the market value of the property for declaration suit.

In Andhra Pradesh under Andar pardesh Court fee act under section 24 for commputation of.court fee 1/2 market value is considered. And on.that around 4% is to be paid as court fee. Also it can vary on value of property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Court fee would depend upon the circle rate of property of your area.

But, don’t worry it won’t be too much.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

How much time has been passed to this issue and when you came to know regarding all this fraud.

Because for to file a suit, appeal etc in the court there is time limit for every procedure, If it has been passed by or time is lapsed than no use of applying in the court you may solve this problem by mutual consent.

If you provide date wise details, when sales deed happen for each one transactions and when you had brought encumbrance certificate.

Court fees are charged as per value of the plots

CHAPTER 4 COMPUTATION OF FEE

19. Fee how computed :-

The fee payable under this Act shall be computed in accordance with the

provisions of this Chapter, Chapter VI, Chapter VIII and Schedules I and II.

20. Suits for money :-

In a suit for money (including a suit for damages, or compensation, or arrears of

maintenance, of annuities, or of other sums payable periodically), fee shall be

computed on the amount claimed.

21. Suits for immovable property :-

Subject to the other provisions of this Act, in a suit relating to immovable property,

fee shall be computed on three-fourths of the market value of the property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. A land sold to one person cannot be sold by the seller to another. This is cheating and criminal breach of trust. Do not rely on the assurances given by anyone. Engage a local lawyer to conduct a title search in the office of sub-registrar to ascertain if the title of your sister is free and marketable.

2. If the land was firstly sold to your sister and then subsequently sold by the seller to another person then then title vests in your sister. Your sister should though file a suit for declaration of title so that her title does not reel under cloud.

3. In a suit for declaration of title the court will have to be paid on an ad-valorem basis. Only a local lawyer can tell you what the court fee will be.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. FIRSTLY, file a caveat with the Revenue Office (Tahsil office), against the further transfer of your land.

2. SECONDLY, obtain restraining order from the local civil court, against the further transfer of your land, against the alleged culprits.

3. ALSO file Police compland and private trespassing case, against the alleged culprits.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

First file complaint against the person who has sold the property to another.

File a case for injection against the second purchaser since your sale deed is the first document registered.

the Court fee is minimum.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Lodge a complaint with the police, especially the landgrabbing cell or district, central crime branch invoking cheating, forgery, forgery for the purpose of cheating, using as genuine forged document.

This complaint will pave way to resolve your dispute.

Civil can be next remedy and takes years.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello , it is advisable to file a civil suit for permanent injuction in order to restrain the other owner for selling the property further till the final disposal of case.. Also file a FIR for cheating and forgery against the seller of the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hello,

File a petition in the civil court for setting aside the fraudulent document, make that person and the venture person a party to the suit.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Court fee varies from state to state. You may contact a local lawyer who may tell you the same. However, the stamp duty is determined as per the rate of the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Since your plot is kept open without securing it by at least barbed wire fencing to cover the area, it may attract the sore eyes of many people.

Your sister has to first secure her property by marking it with boundary stones and barbed wire fencing.

Subsequently she should get the property sub-divided and mutated on her name in the revenue records

Also get a pattadar passbook immediately.

All these steps would ensure safety of her property

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

To file a suit how much court fee will I have to pay?

What suit are you planing to file, a declaratory suit or injunction suit or what?

The court fee will depend on the nature of suit

You can enquire it from your advocate in detail.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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