• Sale through Notary in 1989 and No transaction till date. Can owner claim back becauseof fraud cited

Hello, 

my father and his uncle brother sold Property Say "B" in 1989 for a certain sum ( NOTARY). 7Gunta ( out of 10 g, our remaining three was forgotten). No title deed were collected from us.Even clause of irrevocable is mentioned. coupled with interest. 

This was sold to a Person. Who in turn acquired several properties in that area to form Private BDA Layout. 

The person has passed away. Now another person possess that document, who is the layout sec. He does a lot of fraud in the layout cheating lot of people. Since he possesses all the documents acquired by the actual PERSON. 

Even adjacent property on Three sides of our property was sold ( A, C and D) to layout association through Registered GPA***, say OWNER X. in 1992. 

In 2002 we were creating our own private layout in our Property E. During this time. Owner X did not let one of our property stone in one corner be to properly surveyed and encroached our property, constructed shed and put CASE on layout association claiming his share back. 

This property E touches our above property OWNXER X, A property and our own B property which is sold. 

Assume the Survey A ( East ) , ours is B ( center) and next to us is C ( West) and D ( West) ( A, c and D belong to Owner X) and E our another property touches both A and B on North Side. you can assume like 

20 x10 ( A) 10x10 ( B) ( A+ B is 30 x 10 ) and E is ( 30x10) So A and B is on top of E. In front of right corner of E our unsold 3G is there in B. 

The CAse of owner X is dismissed in 2011, since association has registered GPA which is valid. 

Now when we went to fix the stone which was missed for E. now layout is asking some land in our own land for settlement. We agreed. We asked for property documents. 

Recently it has come to our notice in X Reg. GPA to layout that, In Schedule, the layout acquired the property skipping our Schedule property and mentioned ... A(East) and C resides on West ( Side) now it appears B and A are merged. Also merged our un sold 3 guntas of old property sold made to appear as A. 
In court Order copy also wrong schedule is mentioned and WON.

we did private survey now. It is clear that, public roads are made in our survey which was not let to survey earlier. and 3g also merged, in the title records he gave us. 

Since 2011 Layout Sec is causing lot of harassment, shaming in spite of telling we posses valid titles. not letting survey, made roads. wont allow Govt also to maintain the private layout with roads. This has caused enormous shaming in front of public and our Property E remained un developed. 

1.Can we cancel our 1989 Notary coupled with Interest. Original Notary. Since new Sec has made fraud with documents. Since he was aware of our Srvery when he made 1992 owner X registered GPA. 
2. EC shows no transaction till date.
3.Govt officials are witness that he was telling them its myproperty. 
4. NOw we possess 100%title
What criminal action?
Asked 16 days ago in Criminal Law
Religion: Hindu

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28 Answers

1. Notarised document has no value in the eye of law. Since this person has  no title if you go to court he can not be able to establish his title  anymore.

2. This would hep your case.

3. Ti9s again has no value.

4. Your title is clean and to remove any cloud upon your title  file a suit for declaration and injunction immediately. 

Devajyoti Barman
Advocate, Kolkata
20790 Answers
296 Consultations

5.0 on 5.0

Property sold by way of notory is not a sale in the eyes of law. Sale of immovable property has to be, by way of registered conveyance deed. You can claim back your property has it has no significance in the eyes of law. You can file a Civil Suit for Declaration and Injunction Along with Criminal case of Trespass. Delay needs to be explained of each day. 

1. Are u Confirming party to the notary?

2. Are you in possession of land

3. Is the property self acquired or ancestral property of your father?

Jamal Sait
Advocate, Bangalore
160 Answers
2 Consultations

4.9 on 5.0

NO neither any criminal action. You can only recover possession and ejectment from encroached area. 

Yogendra Singh Rajawat
Advocate, Jaipur
20145 Answers
28 Consultations

4.5 on 5.0

Cheating and forgery charges. 

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

You can cancel it but other party if required may challenge the said unilateral cancellation. 

You need to file complaint of cheating and forgery

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

- If the said property was a self acquired property of your father and uncle , then they were having their right to transfer /sell the same to B without any others consent . 

- However, a property cannot be sold out on the notary documents . 

1. Yes, you can cancel , as the said notary document is not a valid document , if it is related to property transaction. 

2. Of course will show no transaction .

3. Legally 

4. You can file a declaration suit before the court for declaring owner of the property legally.

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

1) file poluce complaint of cheating , fabrication of documents 

 

2) seek orders to direct them to vacate portion of your property in their possession 

 

3) rely upon private survey reports in your possession 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

Hi

 

Any sale by way of Notary is not a legal sale as it is not conformity with Section 17 of Registration Act and as such no person can claim ownership by way of a notary or any unregistered GPA.

So, technically, there is no need to cancel your GPA.

File a suit for declaration of title and also obtain  injunction under Order 39 Rule 1&2 CPC against the trespassers under Order .

In your petition, you need to 

a) Keep silent on the notary document.

b) Insist on your ownership documents. 

c) state that you are in possession of property ever since it was acquired by your father and uncle. 

It is the duty of the other side, to prove the following

a) Existence of Notary. 

b) Prove the Notary 

which is impossible, given that courts do not consider any unregistered documents. 

 

You can file a criminal complaint of trespass against your neighbours , but generally since the supreme court has said police cannot interfere in civil disputes, in order to prove your title, you should file the above civil suit as advised.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1944 Answers
356 Consultations

5.0 on 5.0

1. Answer to this question can not be given without perusing the said notarised. POA. No sale can be concluded without registering the sale deed by paying Stamp Duty and Registration Fee.

 

2. It appears that there has been no Sale deed registered for which the EC showing your name as the owner.

 

3. Such verbal statement has no much legal value.

 

4. It appears that the said land still sands in your father and Uncle brother's name. So, 100% of the said property belongs to you.

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

you have to file declaration suit where the property is situated and file temporary injunction suit . 

 

Mohammed Mujeeb
Advocate, Hyderabad
17333 Answers
11 Consultations

4.5 on 5.0

Park cannot be used as residential site 

 

2) clear violation of terms granting permission by BDA 

 

3) unauthorised  construction can be demolished by BDA 

 

4) it is necessary to peruse documents cited by you to advice further 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

You need a lawyer to review your all documents and annexures with respect to your land .

Chatting with Advocate at legal websites wouldn't help you legally with required skill and perceptions. 

Please take an appointment with a senior Lawyer seek his opinion after scrutinizing your all documents of land under your legitimate claims. 

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

Hi 

Section 4 of transfer of property act, clearly stipulates that any transfer of property under section 54 of transfer property shall be in conjunction with Indian Contract Act as well as Registration act. 

Though unregistered notarised documents stipulates terms such as irrevocable, amount taken etc, you should be aware of the following:

1) In eyes of law, any unregistered document (including notarisation) is invalid and non est since no stamp duty and registration charges have been paid by the buyer. So, technically the unregistered document which should have been registered within 4 months from the date of execution of power of attorney which is mandated under Section 23 of Registration Act 1908.

2) Obtaining BDA lay out permission does not confer any title. 

3) If you believe that encroachment of your land has happened by way of merging of survey numbers, you can ask the mandal revenue officer to undertake a Field Measurement Book survey and based on findings of surveyor, you can file a criminal complaint against the tresspasser.

6) You can also file a writ in high court, if you have evidences to proved that land earmarked for parks has been converted without following zoning regulations. Because in law, a land earmarked for park (even if it is owned by a private person) cannot be converted to a residential/commercial plot, without following the land conversion process under zoning regulations and land conversion permits are issued only by district collector by way of proceedings under Municipal and Urban Development.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
1944 Answers
356 Consultations

5.0 on 5.0

You can raise the said issue if you want to. As in commercial sites residential premises cant be made

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

- Yes, Suraj Lamp judgement passed on 15.5.09 by the Supreme Court , will not applied here , as this transaction was taking place in 1989, but being an unregistered documents having no value , specially when the possession was not given.

2. Court will not pass order on his behalf .

 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

File writ in high court.

Yogendra Singh Rajawat
Advocate, Jaipur
20145 Answers
28 Consultations

4.5 on 5.0

1. The Judgement in Suraj Electrics ....Vs.... The State of Haryana was passed in the year 2012. In the year 1989, sale through unregistered POA was considered as valid. However, unregistered sale deed is always considered as invalid. The unregistered POA is required to be perused for advising you properly.

 

2. For proving sale, a registered Sale deed is required to be placed. He might file a declaratory suit praying for a declaration that it should be considered as a sale but in that case you shall get enough opportunity to contest the case which might take 10 years to be disposed of.

 

3. Collect certified copy of the said sale deed ans challenge it in the Court of law.

 

4. Your first step should  be  to prove that you have not sold your property to the Opposite Party through any registered sale deed or through any registered POA. Thereafter challenge the entire layout and sale of plots therefrom.

 

5 So, you have very good  ground to challenge the sale of plots from the said lay out.

 

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

1. The POA deed stands automatically cancelled upon the death of the power agent even if it is combined with interest.

However the principal only can revoke the power of attorney deed and not others.

2. No crimninal action is liable, however you can file a declaration suit to declare the property title to your name on the basis of the documentary evidences in your possession.

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

1. The unregistered POA may have been effective as on that date, but it is no more valid now, he cannot transact with the property in any manner at this stage with this document.

2. You dont step into his shoes and argue against you in that aspect, let him do that which can be challenged on merits.

3. you were suggested to a suit for declaration.

4. Is your concern about your property or what others buy, you may concentrate on the property you want to save and retrieve.

5.You can challenge it.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Yes you can certainly use the evidence stated by you. 

Swarupananda Neogi
Advocate, Kolkata
2251 Answers
4 Consultations

4.7 on 5.0

If plots have been sold  contrary to lay out plans you can In suit seek orders to set aside sale sale deed 

 

you have to make developers and buyers of plot party to suit 

 

take the plea that fraudulent sale was discovered recently and suit filed within period of 3 years of discovery of fraud 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

1. Yes. 

2. Yes

3. Not an issue

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

you first ascertain the documents in this regard.

Sit and discuss with your advocate at length and look for all the probabilities.

Because everyday you will be getting new ideas.

So until and unless you do not take any concrete steps in this regard, you will not be able to finalise anything on it.

Take the assistance of your advocate and finalise the issues as per law.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

1. Yes,  You can file a suit for Declaration for declaring the transaction as null and void. 

2. Yes 

3. Limitation will be applied from the date of knowledge , hence on this ground you can file a suit. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

Yes

Limitation issue.

 

Yogendra Singh Rajawat
Advocate, Jaipur
20145 Answers
28 Consultations

4.5 on 5.0

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

Chances are bleak. 

 

Mohammed Mujeeb
Advocate, Hyderabad
17333 Answers
11 Consultations

4.5 on 5.0

1. Do not mention that the said roads were constructed permanently in the year 2000. State that those have been permanently laid in the year 2012 (if possible). Otherwise state that you were staying out of the place and have returned only in the year 2012. Otherwise, your case will not be maintainable being hit by limitation.

 

2. You have not sold the site since no sale deed has been registered in connection with the said site and the said GPA is no longer valid for registering a sale deed.

 

3. Challenge the sale plots which is legally owned by you as per records.

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

Yes, you can claim it.

Regards

Swarupananda Neogi
Advocate, Kolkata
2251 Answers
4 Consultations

4.7 on 5.0

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