• A person took some money (never returned) from my father and gave a land patta

1992 . One man took 5000rs from my father and gave a original land patta in case he don't give money(no written record as he was a relative). The patta was on the name of his brother in law . one day a stranger claimed that he has the original patta . My father was shocked because the patta was nearly about 12 years with my father and now felt my money was drowned because the land had 2 patta with different names . The stranger arrived to my father and offered a solution that you sell this patta to me as what you will do with this disputed land . So he sold the original patta in 2004 . Now that person sold it another person even got a registry no one knows how and again sold the land another and another person . And today in 2018 the present day landowner and the sons of the person(dead) who took money from my father are fighting over the land and I know it will come to my father but what he did was trusted the relative who is now dead . The person who took money always said he will do registry in name of my father but never did and then died . Please suggest me what should I do I know my father will get a case of 420. Please help
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received from multiple lawyers

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12 Answers

Respected sir ...

In the court law always based on evidence and work only on prof what party must have to support there version...Sir it was mistake of your father that he never make it documents of that 5k and that land on patta ..You are guilty of it ...To avoid legal consequences u just have to convince them for not taking any legal action against you ...And it would be much better to collect any evidence that can show and support ur case ..Else you will have to pay for your mistake...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1)there is no evidence that your father had original land records with him

2) i presume that your father for sale of original patta has not executed any written sale deed

3) in the event any case is filed your father should deny having patta in his possession

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) If your father has legal paper on his name and sold property to one person only than he will be not in fault. As per land records for 12 years land was on your father's name. And later on it was found that it is disputed land so he sold to other party who has name in land paper as disputed party.

And the disputed party who had sold the land to some many people correct. Now the dispute is between current owner and the original owner's son.

So you don't worry let them fight. If your father had not sold land to more than one person.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) if relative had not repaid money your father should have issued him legal notice to repay the money

2) your father ought not to have sold the patta to third parry

3) in case any cheating case is filed against your father take the defence that since loan was not repaid patta given as security was sold

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi,

You present the correct and real situation when it comes to you.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

No criminal case lie against a dead person.

It's ur fault that u have not registered the said plot in ur name.

U have no documents of money given then u r now liable for criminal act of illegally keeping any others original documents with u

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Dear Sir,

Your father’s problem will be solved if he takes defense of perfecting title to the said land by way of adverse possession. It is like this, if any person stays on a land for more than 12 years or keeps documents like title deeds for more than 12 years then he become owner of that property. Thus on that principle your father became owner of that property and sold the property. Never say that your father was not owner. His ownership is deemed. For more advise call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

IF there`s nothing in written, chill.

Denied all claims as, u were having patta ever. and sold to other person.

Also, after of thing of 1992, can not be investigated at present.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Having just a. Patta physically will not confer title to the holder of.

Moreover the patta is not a title document.

If there is any dispute over the land then they will fight against each other.

Your father cannot be impleaded in this case because he has not entered into sale agreement or loan or anything to prove that he had the original patta with him and what was the purpose etc.

No case is maintainable against him.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

He is reported to have given this patta in the year2004, hence there's nothing that any action can be initiated against him at this belated stage.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) But how can one sell the property which is not in his/her name and don't have any rights. Secondly how buyer purchased this property who is not a owner who is a like guard of the property.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You need to soon file FIR u/s 420 IPC for cheating so that police can complete their investigation. The said transactions done related to land patta and fraud.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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