my maternal uncle have purchased land from a person named ishwar on full payment agreement basis (i dont know about the date) and from my uncle my mother have purchased land similarly on full payment agreement basis in jan 2012,at that time the property registry was closed in that particular area of panipat so title deed was in the name of ishwar .then in november 2013 my uncle expired in truck accident. meanwhile we were continously going to look after that residential land to know neighbours and also let them know that we are owner ,now in july 2020 we come to know through ishwar that my maternal aunt was in contact with ishwar and she lied to him that there was a dispute between my mother and aunt regarding that land which is now sorted out she requested him to transfer this land to her name and ishwar transferred title deed in the name of my my aunt dec 2019.now what are the options available to us ? please guide
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Title deeds have to be registered with competent authorities under Registration Act which is compulsory as per the Act.
If is not registered then Please go for temporary injunction against your aunt and Ishwar.
Thereafter file suit for injunction and specific performance title under section 34 and 38 of Specific Relief Act against both of them for the permanent injunction order.
Your mother to file suit to set aside sale deed
2) rely upon agreement executed between uncle and mother
3) seek injunction restraining aunt from selling the property
- As per law, your maternal aunt is not having any right over the property which was owned by your mother after executing the sale agreement .
- You should lodge a compliant before the police and higher official for the said cheating and breach of trust against your maternal aunt .
- Further move an application with the copy of police of complaint before the Registrar ,where Ishwar has registered the title deed in her favour.
- Further, file a Declaration with Permanent Injunction suit before the court for declaring the said title deed of maternal aunt invalid and direction to execute sale deed in your mothers favour .
You need to file suit for cancellation of transfer onn
ground of false information and fraud
File a police case of 420,406IPC against your maternal aunt and a specific performance suit against Ishwar for cancellation of the 2019 registery
1. you can file a suit for the specific performance of the agreement executed by the deceased,
2. also file an injunction application against aunt to restrain her from selling/transfer the land,
further clarification can be given after going through the relevant documents,
1. Only option now remaining to claim possession, title, is to have the said "transferred title deed" declared as null & void, via a Civil Court order.
2. Based on both the Agreements, File Declaration Suit in local Civil Court, against Aunty & Ishwar and seek directions to Revenue /Municipal authorities to mutate /transfer the property in your name and cancel the transferred title deed.
3. You can ALSO file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against Aunty and Ishwar supported with all relevant supporting Documents, Evidences & Witnesses.
4. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
1. Your uncle much less your mother had no title to the property as the sale deed had not been executed in favour of your uncle.
2. Your uncle lacked competence to sell the land to your mother when he himself did not had title to the property.
3. There is no remedy in the hands of your mother.
4. The remedy in the hands of legal heirs of your uncle is to file a suit for specific performance against Ishwar.
File FIR agasint both for cheating and forgery. Also file suit in court for cancellation of sale deed.
File suit for specific performance.
If Mr eshwar Transferred deed then file a suit for set aside before jurisdictional court. .
The title deed need to be registered.
File a suit against him.
1. You need to file suit against your aunt for specific performance to get the land registered on your name as per full payment agreement between your mother and her husband.
2. You can also lodge FIR against her for fraudulently transferring property on her name by concealement of facts from owner of that property.
If your mother has evidence for funding this sale agreement on her name,m then she can file a suit for specific performance of contract against Ishwar.
You may consult a local lawyer with all the relevant papers and proceed ass suggested.
You need to have proper evidence to take legal action against them to retrieve your share in the property.
You can file a suit for specific performance of agreement done with your uncle, against your maternal aunt, your uncle's legal heirs and the person or legal heirs of person who is the registered owner of land.
If the money given to your uncle can be traced then she can be held accountable and asked to either return the money or the land. How was the money given ie cash or transfer.
