you r father should file suit for partition for division of 3 acres of land by metes and bounds
2) seek injunction restraining sale of land by Z
3) also to set aside mutation of property done in Z wife name
Will I get my father share
Sir, The land in question is :- 3 acre The original owner was my grandfather He had 3 sons, ASSUME First son as X, 2nd as Y and 3rd-Z I'm a son of X The "Z" has somehow taken a signature of "X" over stam paper (not at all registered in register office)and made Khata to his wife in 1991 while making khata they have shown a registered number as [deleted]. I have searched for the register paper in sub register office but it was a fake number and the Mutation register number which they mentioned in khata also fake and I have taken acknowledgement for the same and I have taken EC of the land from 1960 to till date it showed no land has been exchanged till now We were in possession over land till 2005 then we moved to bangalore Looks like they have done a systematic cheating from long back, IN 1990 my father name was in KHATA form They showed as the property was registered in 1981 Im not sure it's a stam paper or gpa I have not seen paper. Actually we were very close with Z family we never doubted them Recently in 2018 I tried sell my father share then I got to know all this and they are not allowing to enter the land 100% sure that property not at all registered
Asked 6 years ago in Property Law
Religion: Hindu
18 Answers
The property has to be divided amongst 3 sons. Therefore file a case for partition of the property in the local tehsil office. The reality would automatically come out. Also file a case of forgery and criminal breach of trust and cheating against them in the local police station.
Regards
My father passed away in 2012
Asked 6 years ago
Then too the property is ancestral and you have a right in the property.
File a suit for possession of property along with the cancellation of said.document as.said document is fake.
Further file case of cheating and breach of trust.
on father demise your mother , you and siblings would inherit your father one third share in property
file suit for partition as advised herein above
Sir, Then the paper they have is invalid right. Because they are threatening us because of that paper
Asked 6 years ago
Without registered deed, ownership dose not transfer neither through POA. Your father 1/3rd is intact and inherited in you. Entry in revenue record dose not confirm ownership but only registered document. You can file criminal complaint of cheating and forgery.
See file for possession of the property. The unregistered document is not valid.
your grandfather ought to have executed registered sale deed or gift deed in z favour ,
paper merely signed by grandfather does not confer title to property
Dear Client
As per your Investigation all information on paper is fake and not mentioned on the public record in revenue office. so it is 100% sure the papers they are showing are forged Documents.
Try to get the copy of Documents from your Uncle and if you already have to copy then you should Lodge a police Complaint against Z for forging of documents and threatening.
Also you should File a partition suit over the land with immediate Effect to get share of your father from that land.
They are empty threats. The law is in your favour. Act accordingly.
Regards
Dear Sir,
Any katha on the basis of unregistered can be canelled. You have two options, get it cancelled through revenue appeal or get it cancelled through civil court.
1. Title of land is conveyed by registering the Title Deed or Court border and no other document can transfer the title of a property or its share.
2. Collect the certified copy of the title deed from the office of the Registrar, which probably still stands in the name of your deceased grandfather and also the death certificate of your grandfather.
3. Thereafter your fathet shall have to file a partitionsuit annexuing the certified copy of the title deed and the death certificate of your grandfather alongwith the legal heir dcertificate, claiming his share of the property.
1. If your father has passed away, collect his birth certificate and also the legal heir certificate of his properties.
2. Thereafter you can file then partiution suit submitting the death certificate of your father claiming your deceased father's share of his deceased father's properties.
1. Do not bother for their giving such threats.
2. File partition suit as suggested in my earlier posts and obtain Court's decree partitioning the said land of your deceased grandfather in favour of the legal heirs of your deceased father.
You can file a civil suit for claiming your share in the same. You can also file cheating complaint if found any malafides
Basis your facts you would be required to file a suit for partition along with reliefs of declaration thereby praying to declare the said fake documents as invalid and injunction for stay.
If this property devolved on your father or if it is still held jointly along with other shareholders, your father may file a partition suit and seek separate possession of the same through a civil court.
Consult a local advocate and take proper legal steps to retrieve your property.
You dont worry about the papers that they are holding
You may go ahead with the partition suit or declaration suit to retrieve your property