• Fraudulent registry of land/plot

My father is 73 years old, he is unable to understand good or evil things due to his age and illness. Taking advantage of this, a person from the village has done a registry of our land by his name. At the time of the registry, the father also unknowingly put the thumb impression. However, when we came to know about mutation, we objected, and put a stay on further proceedings. What legal steps should be taken to cancel the registry?
Asked 7 years ago in Civil Law

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14 Answers

Hello,

File a suit for cancellation of the sale deed in the civil court and get the registry cancelled.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No you do not have to pay any amount, just the case has to be filed with appropriate court fee.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

hello,

a suit for cancellation of the sale deed which was fraudulent should be filed in the district civil court. no, you don't have to pay any amount. you should give all your bank accounts details in order to establish that no money was transferred to your account and neither did the person who claims to be the buyer has given any money to you. if he says that he bought your land in lieu of cash then there ought to be a money trail that leads to you.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Firslty, when fraud has been done by him on you then all expenses will be paid by him not you.

Secondly, you need to prove that you haven’t received any amount which means that it is intentionally fraud as he never wanted to pay a single penny.

Thirdly, and it is very difficult for him to prove that he has paid something as court would ask for bank statement or any agreement if paid by cash.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You should approach Civil Court and file a suit for cancellation of sale deed and subsequent registration on the grounds of your father's unsound mind and illness as a person of unsound mind is disqualified by law to enter into a valid contract.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

even though we didnt got any money, do we have to pay the amount (registry amount) for cancellation of the said registry ? and how much time it will take ?

No. The would not have to pay registry amount for cancellation of sale deed. Only advocate and court fee is to be Borne by you.

Time taken is such cases is atleast 3 years.

Regards.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Your father has to file suit to set aside sale deed

2) take plea that no sale consideration was received by him and his thumb impression taken fraudulently

3) also mention that he is illiterate and was not aware of contents of documents signed by him

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Suit may take some years to be disposed of depending upon pendency of cases in court

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You have to file a civil suit in this regard and you need not to pay any registration cost of the land. You have to challenge registration document on the basis of compensation paid for the land and ill health of your father on the basis of medical records

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You need a file a suit for cancellation of this sale deed, since your father was coerced to execute the sale deed and he never offered his free will and consent for this sale transaction.

Contact a local lawyer handing civil matters.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1. A suit for cancellation of the sale deed has to be filed by your father on the ground that his consent to the sale was induced by undue influence and fraud as he did not have a sound mind at the time of sale.

2. Only the civil court can now cancel the sale deed executed by your father.

3. It takes time in the civil court as court will issue summons to the buyer to enable him to contest the suit.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

File a suit for cancellation of sale deed and you can file a police complaint

Konda Srinivas
Advocate, Hyderabad
215 Answers
2 Consultations

Your father has to file a suit for cancellation of the registered sale deed on the opponent's name by citing the reasons what you rely upon.

The suit for cancellation should be filed within three years from the date of execution of the sale deed.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

even though we didnt got any money, do we have to pay the amount (registry amount) for cancellation of the said registry ? and how much time it will take ?

No, you do not have to pay the registry amount.

You may have to pay the court fee for the suit.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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