• How to challenge fake registered sale deed which has 30 separate commercial and residential plots

I inherited a shop after the demise of my mother and rented it out to a tenant. The developer of colony where the shop is located, produced a fake registered sale deed claiming that 29 plots (some are residential plots, some are commercial booths plots and some are commercial showroom plots /including mine) were sold to him. Does the stamp act for sale of property allow sale of multiple plots at separate locations through a single sale deed. How can I challenge him and defend my property and can I approach CBI to investigate fake sale deed.
Asked 7 years ago in Property Law
Religion: Sikh

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

1) The owner has rights to sale the plots to multiple buyers. If all survey numbers are mentioned on the sale deed it is possible.

 

2) Need to check seller rights and original sale deed of the plots.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

hello

        a fraudulent sale deed must have been produced by the developer. file a case in the civil court against cancellation of the sale deed and lodge an FIR aga0nst him for cheating and forgery. CBI cannot be involved as it is not a matter with national ramifications.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

file police complaint of cheating , forgery , fabrication of documents against the developer 

 

2) file suit to set aside sale deed 

 

3) CBI would not investigate the fake sale deed without HC orders 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Yes. You can file a police complaint and start the legal proceedings under criminal section.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

You need file a declaration suit before the civil court for nullifying the Sale deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a criminal case of fraud and cheating agaisnt him for making false sale deed further you need to file in civil court for cancellation of such sale on ground it is false and wrong.

Multiple plots at different locations can be sold through single deed only when they are in jurisdiction of one sub-registrar office and stamp duty for all is paid and and all the owners of these plots individually sign the deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been threatened for no reason about the dispossession.
  2. No, there is no law which can permit a person to execute a single sale deed for multiple properties at different locations from different owners.
  3. This is clearly a fraud on the face of it, I advice you to file a criminal complian of forgery against the person claiming so.
  4. And also file a suit for injunction before the civil court of law to restrain him from taking any action against you as for now, you are in the possession of the property through a tenant of yours.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. You have to adopt your two fold remedies under civil and criminal law.

2. A suit for declaration of the sale deed as illegal and void has to be filed in the civil court, and a criminal case for cheating and forgery is also to be filed under Sections 420, 468 and 471 IPC.

3. In your civil suit you should also seek injunction to restrain the developer from creating further third party rights during the pendency of the suit, else there will be multiplicity of litigation.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You need to find out an advocate who is dealing with the land cases this is possibility that the sale deed may consist number of plots according to their area and valuation the stamp duty is paid but there is a matter of ownership of those plants which has been transferred in case your shop has been transferred to your name and you're the title owner of the shop then you can go for this and contest the sale deed and claim the title of your property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You first of all file a permanent injunction suit against him to restrain him from interfering in your peaceful possession and enjoyment of the property.

You  can also file a declaration suit to declare your title based on the title document in your possession.

Criminal cases may not fetch you permanent relief.

 

T Kalaiselvan
Advocate, Vellore
89981 Answers
2492 Consultations

As a civil remedy, you need to file suit for cancellation of the fake registered sale deed. As a criminal remedy you can file Complaint, Fir etc before any applicable agency for inquiry.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer