My mother sold the property to me 15yrs ago by registered sale deed 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 mother done a gift deed on my father, and registrar registered it and my name is in link, father mother and all my brothers and sisters are selling my house to someone,my father has my mother's original documents(which is was link documents) + Present documents and taken bayana In registration office, EC was on my name until last month and now it's on my father( by gift deed) and in muncipal office records the property is on my name. Now land grabbers are saying they will take all link documents and do the registry (with present docs) and do the the registry 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
Sir , file an suit before the civil court to set aside the gift and further sell deed as they are illegal further take an interim stay on the property so that there is no further sale and transfer of property.
Further you can also file case of cheating and criminal breach of trust against your family.
you can appoint a POA to file suit in India on your behalf.
Further the certified copy of document that is sale deed in your name can be obtained from the revenue office.
Dear Client,
By virtue os sale deed, you are absolute owner. Gift Deed is invalid for lack of title, also sub registrar is at fault, knowing encumbrance on your name, registered the GIFT DEED.
File FIR or civil suit and get stay in your favor, can execute POA who can act on your behalf.
File suit to set aside gift deed executed by mother in favour of father
2) seek injunction restraining sale of property by your father
3) file case of cheating against your mother under section 420 of IPC
You should immediately approach Civil Court for cancellation of the gift deed and injunction with interim stay against your family as your mother has already sold the property to you by way of registered sale deed and she has received due consideration from you for the same ,thereby making you the sole owner of the disputed property.
Also make the registrar a party in the said case.
You can also file a suit for possession of your property, which is in possession of your family members.
1. You have bought the property including the land in the year 2002 by registering the sale deed in your favour.
2. The entire property standing on the said land including the additional 2 floors constructed on then existing property will stand in your name as p-er law.
3. When the property stood in your name in the registry office and the EC also said so, then how come your mother's said gift deed was executed by your mother registered by the Registrar since she was not the title holder of the said property?
4. How come your name came as a link in the records as per the gift deed registered by your mother when you have not signed any deed conveying the title of the said property in anybody's favour?
5.You shall have to first file a declaratory suit praying for a declaration that the gift deed registered by your mother is invalid for want of her ownership and also praying for a direction upon the Registrar to cancel the registration of the said gift deed.
6. Simultaneously file a petition under Order 39 Rule 1 & 2 praying for a direction upon the said land grabbers not to enter in to your said property and also upon your parents & other family members not to deal with the said property in any way till the said declaratory suit is disposed off.
1. If sale deed was done in your favour then a gift deed of the same property by your mom is illegal
2. You will have to challenge the gift deed
3. File a declaratory suit in court and claim injunctive reliefs
4. In meanwhile issue public notice in newspapers notifying public that the property is already sold to you and no further third party rights can be created
5. Issue legal notice to your mother and other family members who are involved in present sale of your property
6. Also lodge a police complaint against the fraudulent sale
Sir, immediately write a letter to concerned Sub Registrar alongwith a copy of the gift deed in your favour stating that you bought house from your mother in 2002 through registered sale deed and you have been paying tax for your property since and your parents are still living in that same house and I'm living in abroad, you have constructed your house with 2 more floor since by giving money to your father. Now, your mother has illegally gifted the property to your father whereas she had already gifted the same to you in 2002. That your father, mother, brothers and sisters in connivance with/under pressure of land grabbers wants to sell the said property.
Kindly stop registration of the property beaing No._________ , copy of gift deed enclosed to avoid complication.
Secondly, file a civil suit with the help of local lawyer and get stay on sale of the property.
You have to engage an experienced advocate in the local and fight your case.
If you have purchased the property then you have all the rights in the property to construct additional floors in the existing structure by obtaining approval.
Thereby the entire property belongs to you.
The gift deed by your mother to your father is invalid and illegal.
You have to file a suit to declare your title as well as cancellation of the gift deed.
You consult a local lawyer on further issues.
File a writ petition in HC for appropriate directions to the said authorities and individual.
