• Need advice on how to proceed with land impersonation issue

Hi Team, 

Hope all is well! 

My mom has purchased an open plot in the year 2002. However, due to some circumstances we have lost original and link documents. In the year 2006 brokers have impersonated as my mother and sold (GPA) in their circle and then executed the sale deed to 3rd person. Later in the year 2007 we went to concerned SRO and told them that we have lost the original documents, so they have given us the certified documents and gave us EC showing my mother as claimant (sale deed executed in 2006 didn't reflect in EC). 
Later in the year 2018 I have applied for EC in local Meeting seva and noticed the forged executed documents. Immediately I've filled FIR in local police station and brokers were caught and they accepted the fraud. Since it's been 3 years I've filed FIR, the charge sheet has been filled and case is in Criminal court. 
My questions here are:
Do I need to wait till the criminal case is disposed? Will that help to declare my mom as the sole and rightful owner? 
Do I need to file a Civil suit in parallel to criminal case or after the criminal case is over? 
Do I need to file Declaration suit or it's not required since executed document are null and void? 
Do I need to file Cancellation of Sale deed or not required since I'm not a party of the transaction? 
I'm planning to file a civil suit (perpetual injunction) in support of criminal case and not Declartion or Cancellation? Is this approach correct? 
Does the court order from the above injunction will help to change the Revenue Records (mutation) of land as my mother as claimant? 
Please share your valuable suggesting as I'm stuck and confused between different opinions. 
Thanks, 
Shashank
Asked 1 month ago in Civil Law

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11 Answers

Since the sale deed  has been fraudulently executed impersonating your mother by a registered deed, you may have to  file a suit to cancel the registered sale deed.

Who is in possession and enjoyment of the property, if your mother is not in possession and the possession s held by the so called  buyer, then she may have to even seek possession in the same suit.

The civil suit has nothing to do with the criminal complaint, hence she can file the suit as suggested immediately before it is barred by limitation.

Declaration suit  may not be necessary but a suit for cancellation of the registered deed may be filed in order to remove the encumbrance against the property. 

What will be the3 purpose of filing perpetual injunction suit. 

Perpetual means permanentPerpetual injunction is one that is granted by the judgment that ultimately disposes of the injunction suit.

The permanent injunction suit if decided in your favor may restrain the party to use the sale deed in his favor but that will not help you to clear the encumbrance created against your property which will remain as an adverse impact.

The injunction suit will not in any manner come to your rescue either to change the revenue records or the removal of encumbrance created in the property.

Also this injunction suit will not provide you the clear and marketable title to your mother  which was damaged by the registered sale deed now standing in the name of the buyer.

Even though you say that somebody impersonated your mother to execute a registered sale deed in favor of the buyer, the criminal case against the fraudster will not help you to regain the title to your mother's name until the sale deed is cancelled by an order of the court and also the encumbrance is removed by the same order of the court.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Dear sir/madam,

Since the case is in criminal court, you can wait till the case is disposed off. However, if the trial is not happening smoothly or speedily, you can file an appeal to the higher court. you also need to take an injunction so that the property is no longer used by any third party.

 

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Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

You have to file suit to set aside fraudulent sale deed 

 

2) suit has to be filed within period of 3 years of discovery of fraud 

 

3) you don’t have to wait till criminal case is disposed of 

 

4) you have to seek declaration that you are absolute owner of property and to set aside fraudulent sale deed 

 

5) on basis of court orders entry in revenue records would be changed 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

1. There is no need to wait. File civil suit immediately.

2. Both can run parallely.

3.. Yes. File suit for declaration and injunction.

4. Yes

5.File suit for declaration, cancellation, injunction and for recovery of possession, if possession is not with you. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Hi, you have to file Suit for Declaration to Declare that your mother is the absolute owner of the property and the Sale Deed executed by so and so is not binding on you.

Pradeep Bharathipura
Advocate, Bangalore
4985 Answers
258 Consultations

4.5 on 5.0

1) suit has to be filed within period of 3 years of discovery of fraudulent sale deed 

 

2) file suit at the earliest . Time limit would be applicable in your case 

 

3) court fees is state subject and varies from state to state 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

File the suit immediately.  Further wait would make your suit lacking much of its merit. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Giving a criminal complaint about this forgery and impersonation is different to that of the filing of civil suit for remedies stated thereon.

The limitation is three years from the date of knowledge. 

Since you have given a complaint with the local police, that date can be reckoned as date of knowledge. 

The court fee and other incidentals namely preparation charges, lawyer's fee can be enquired from the lawyer you may propose to engage. 

 

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Dear sir,

yes limitation period will apply in your case followed by the relaxation period.

make sure hire a good lawyer who can represent your case.

 

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Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

- No, a criminal case will take time to dispose finally, hence you should file a civil suit for the cancellation of the forged suit and to stop for further sell of the said property. i.e. Declaration and permanent injunction 

- A civil suit can be filed ,even criminal proceeding is going on against the accused. 

- Yes , for declaring the forged sale deed , it is needed to file 

- Yes, after getting order from the court , the revenue record can be changed .

- The limitation period is 3 years from the date of knowledge of the forged done by the accused. 

- After filing an application for condonation of delay in filing the suit out of limitation period on suitable grouds , the suit will be maintainable. 

Mohammed Shahzad
Advocate, Delhi
6271 Answers
64 Consultations

5.0 on 5.0

3 years from knowledge. 

Yes lockdown period is relaxed. 

You need to file a delay Condonation application else it will be dismissed. 

 

It will be somewhere around 5000 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

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