file suit to set aside sale of land by grand father
2) mention that grand father was illiterate
3) no sale consideration received by grand father
4) seek injunction restraining purchaser from selling the said land
Land dispute
Hi, I am inquiring on behalf of my father. This is related to agricultural land. My father and we lived in Mumbai for most part of the life. During this time, my father sent money to my uncle, that is my father's brother, to buy land in our native place, Baswapur (Siddipet district). In total we had about 12 acres and plan was to split it into half, 6 for my father and 6 for him. Once, back in 2006 or 2007 my uncle for his needs wanted to sell land in his name. Although he physically handed over the land which was in his name to the buyer, but the title transfer done was of my grandfather. As my grandfather was old and illiterate he did not understand and did not inform us. Unfortunately he is no more. They took him to the registeration office and got this done. Since physically the land is occupied by both of us, we never had any doubts. Recently, when my parents shifted to my native place and thought of transferring the title from my grandfather to my father's name we realised that the land in his name has been sold. Now, my uncle is in Dubai and not co-operating. The buyer says he ll transfer the title only when my uncle comes back from Dubai and transfer the land in his name to the buyer. We need advise on how to go about. Thanks.
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
13 Answers
File a suit.for declaration stating that the sale of land is illegal and to set aside the sale and to declare that your father is owner of half of land. Take contention of fraud done by your uncle and also that your grandfather was illiterate. Also file an application to restrain the purchaser from selling property till disposal of suit.
Can we file a criminal suit of forgery against my uncle as he is not showing any intention to rectify it? Also, do we need to approach local police station before filing suit or the lawyer will take care of it.
Asked 7 years ago
No need of approaching police since it wouldn't.come under forgery so you can file suit directly through a local advocate where the property is situated
for filing civil suit you need to engage local lawyer
2) you dont need to file police complaint before approaching civil court
3) case of forgery would be made out if uncle signatures are forged
Approach local police station and file FIR, if police not cooperate than hire local lawyer and file complaint through Court u/s 156(3) CrPC.
This is my response to you:
1. You will need to first send a legal notice intimating your uncle the legal consequences of not following the law;
2. If he does not respond in time, you will have to file a suit in the relevant court for forgery (which is difficult to prove unless if you have concrete evidence);
3. Collect all your documents and engage services of a lawyer;
4. You can also file a case of 420 on your uncle and he can be made to appear in India through police summons.
1. i need some clarification:
the land stood in the name of your father and uncle
then your uncle sold his share of the land to a buyer but the registration was done in the grandfather's name
the buyer is having possession of half share of land which belonged to your uncle
when your father intended to transfer the part land which was transferred to your grandfather's name, you realised that your father's share is already sold to someone
Kindly clarify what is the actual position
1. your father's share could not be sold by your uncle without consent and signature of your father
2. you will have to file criminal complaint
3. you also need to file a civil suit to have the sale deed executed by your uncle in the name of the buyer for your father's share, cancelled and to declare your father as owner of that share
Sir file a suit for declaration and setting aside sell deed as it was done by fraud by uncle as he has took advantage of illiterate grandfather and transferred the land to the buyer.
Further seek an injunction from court on further transfer of the land pending the litigation.
File a criminal complaint in the police station against uncle and the buyer that they have colluded together and made a fraud sale deed by cheating. File a case of cheating fraud and criminal breach of trust.
Firslty, you need to find out the nature of land as whether an anscestral or self acquired.
Secondly, if self acquired then you can’t put any question on the transaction as it would be very difficult for you to prove that the grandfather did not wish to do the same.
Thirdly, but, yes if it is anscestral then you can claim your right over the same, and also file cheating plus forgery case on them.
In given facts, u'r uncle played fraud on your father and committed criminal breach of trust. but, no evidence left for u to take action by police. In view of said reasons, u should take care. If u contact me, I will explain about your plan of action.
If the property belonged to your grandfather and the execution of registered sale deed was done by him during his lifetime, then your father cannot have a ground to claim the property .
The possession of property will not confer title.
The sale deed under this circumstances cannot be said to be invalid or illegal.
You may have to look for a compromise route only.
Can we file a criminal suit of forgery against my uncle as he is not showing any intention to rectify it? Also, do we need to approach local police station before filing suit or the lawyer will take care of it.
If the property that belonged to your grandfather and it was sold by him dring his lifetime then your uncle cannot be held to have done any criminal activity or forgery.
The police will not interfere in this because this is a civil matter.
You discuss with a local lawyer and then proceed.