• Assigned land

My grandfather was a army retired and had got 4 acres of land through government for the services rendered in army. He has a passbook in his name for the same. This was in 1970s. Now my grandfather is no more and there are 3 legal heirs alive as on date. In 2005 one legal heir with out informing others has taken possession of the passbook and has registered the property into some one else name. How do we proceed legally. We do not have a copy of the passbook. This transaction is from a small village in Andhra Pradesh. Kindly advice.
Asked 4 years ago in Property Law
Religion: Christian

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8 Answers

Challange the said transfer as no will or gift in favour of your brother he cannot transfer such land.

Challange the transfer and demand partition file a suit for same in the civil court.

The certified copies of the record of land can be obtained from revenue office in whose jurisdiction land is situated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

file suit to set aside sale of land by one of legal heirs

2) seek injunction restraining sale of land

3) take the plea that fraud was discovered only recently and you have immediately filed suit to set aside sale

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

take search in sub registrar office and obtain copy of sale deed by which property was sold

2) then file suit to set aside sale deed

3) if passbook is lost file police complaint of loss of passbook

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. Visit the Village Revenue Officer (Talati) and request him to give certified copy of the Land Revenue Document of your Plot no. /Survey no.

2. Based on the above document, file a civil and criminal case against the fraudesters.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

U can get the proof of grand father property and ownership from revenue records by applying for certified copy.

Than u can file FIR against the person who sold the property to third person or can file for partition.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. you can file a partition suit for partitioning the property between the legal heirs

2. how is the property transferred just on the basis of the passbook? can u please elaborate

3.a property can be legally transferred only through a registered sale deed or other legal modes of transfer

4. the act of the legal heir who transferred the property to someone else's name without NOC of other legal heirs is illegal

5. you can also consider filing a declaratory suit for declaring you as co-owner of the property being the legal heir and for a declaration that the transfer by one legal heir without NOC of others is illegal and void and also for injunctive reliefs like not to create third party rights in the property

6. only problem will be limitation since the property was transferred way back in 2005 and you are taking legal steps now. that can go against you

7. so first get proper information from government as to how the transfer took place without noc of other legal heirs and come back here for follow up queries. I would be better able to advise you thereafter

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

If the legal heir who has got the property transferred to a third person, then a criminal complaint may be registered against him for selling the property illegally by creating fake and fabricated documents.

You can file a partition suit also seeking partition and separate possession of your share in it.

Dont go for cancellation of the registered document.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

You can get every thing by way RTI applications of Passbooks and other revenue records in the name of your grand father are sufficient. You can claim your share by filing a suit for partition and the transfer in the name of third person will be cancelled.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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