• Fraudulent mutation

I am a NRI for the last 30 years,visit India once 3-4 years,I never sold any land to any body,part of my Patta land in Medak dist,Telangana has been fraudulently mutated to a third person on the basis of forged sale letter(the irony is I never met this person over the last 3--40 yreas) and in collusion with Thahasildar,aking advantage of my not being there in India.

What are my options,how to get the fraudulent mutation rectified,the culprits are are criminally prosecuted and to prevent this happening again in future
Asked 3 years ago in Property Law
Religion: Hindu

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20 Answers

An FIR must be immediately filed against tge guilty parties.

A suit for cancellation of sale deed must be filed in the court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Bring an injunction order against the culprits so as to stop the activities by the culprits in your land as also to take action against the culprits for illegal occupation of your land.

2.  Since you live in US, appoint a POA, preferably amongst your blood relatives, to look after the land as well as to represent you in the jurisdictional Court. 

3.  Let your POA so appointed engage an Advocate to fight the case and to get the mutation of the land in your favour in the revenue records.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

File suit to set aside fraudulent sale deed and mutation done in favour of third party 

 

2) seek injunction restraining sale of property by third party 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

You should win the case if your signature has been forged in sale deed 

 

search in website for lawyers in your city 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

You can execute POA in favour of family member to file case on your behalf 

 

POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. You need to file a suit for declaration to declare the mutation certificate as void and non est.

2. A criminal case for cheating can also be filed under Section 420 IPC

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A power of attorney can be given to someone whom you trust and he may file cases on your behalf.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

-   You have to immediately file suit to set aside fraudulent sale deed and the mutation done in favour of third party.

 

-   Further take injunction order restraining sale of property by third party to maintian status quo.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

-   You can easily win the case because your signatures were forged as you were not in India.

 

-   To file case, you have to execute and give POA to any family member to file case on your behalf. 

POA should be attested before Indian consulate and then send to family member in India.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Lodge a complaint with authority which mutated the land wrongly.

If it is done corrected then file writ petition.

Another option is to file civil suit for declaration and injunction. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

It is a settled position of law that the mutation of a property in the revenue records are fiscal proceedings and does not create or extinguish title nor has it any presumptive value on title.

So check the encumbrance of your property. Encumbrance means the charges or liabilities created on a particular property, whereby it is held as a security for any debt of its owner which has not been discharged as on date. An Encumbrance Certificate denotes the charges in the ownership or liabilities created on a property that is held against a home loan as security. The document consists of all the registered transactions pertaining to the property for a particular period/sought period. This certificate that is sought for a particular period evidences the property purchase/sale, the presence of any transaction or mortgage for that particular period.

The certificate can be obtained from the concerned Sub-Register Office on an application in a prescribed form provided by the authority’s .In the normal course it will take around 2 weeks for obtaining the certificate.

If any encumbrance is created in your property then take the certified copy of the fraudulent sale deed and file suit to set aside that  sale deed in favour of third party  .The  same time seek injunction restraining sale of property by third party . Please do understand that registration of a deed merely requires the person executing the deed (executant) or any person claiming under it (claimant) or his legal representative to present the document at the proper Registration Office. The Registrar is not obligated to investigate the presence of possible foul play in the execution of the deed. Thus, registration of the deed is not proof of free consent. Consent is very crucial part of any contract. “Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.

 

Due to the present pandemic situation, you can execute POA in favour of family member to file the case on your behalf.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Dear Sir,

 

1) You will have to file suit for setting aside the fraudulent sale deed on basis of which mutation has been done.

2) Along with this you will also have to ask for injunction against the disposal or creation of third party interest in the property.

3) You can prove the fraud thorough the fake initials done on the sale deed or at the registrar office.

4) As you live in USA, You should appoint a local family member/lawyer As POA to look into your case and proceedings.

Thank you

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

- Firstly you should lodge an FIR against that person and also Tahsildar , even online. 

- Further, if you are unable to come to India , then give POA to any relative or nearest to engage a lawyer to take legal action on your behalf.

- Further, with the help of that POA holder , you can file a declaration suit before the court .

- If you have not assigned earlier anybody POA to deal that property , then your chances of win the case is maximum within a short period of time. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

If you have evidence of this fraudulently mutated records of the property belonging to you, you may first write a letter to the concerned revenue officer/tahsildar, raising your objections to this fraudulent transfer of revenue records to an unrelated and unauthorised third person's name, by providing the documentary evidences to prove your title including the EC and request the Thislidar to revert the mutation records to your name immediately.

If the Tahsildar is not cooperating or is not taking proper legal action  or dismissing your complaint in this regard, you may prefer an appeal to the district collector seeking his intervention and to set aside the orders passed by the Tahsildar for transferring the revenue records to an unrelated and unauthorised person without any rights or interests to him in the property owned by you.

If the district collector's office is also not giving a favorable reply to your appeal, you may approach high court with a writ petition seeking direction to the concerned revenue officials to provide you relief, remedy and justice to the NRI who is staying away from the property.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You can engage the services of an advocate in your local town besides giving a power of attorney deed in favor of a close relative back at your native to handle the case on your behalf during your absence.

You can choose an advocate from this forum too if he satisfies your requirements in this regard, on his/her terms.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Even though you can register an online complaint with the concerned Tahsildar from USA, it is advisable that you have a representative in India at your home town to follow it up through the concerned revenue authorities and for all such further actions as advised in my previous posts.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Dear Sir,

 Such mischief's being happening in revenue department and you have to go in appeal before RDO or High Court and also can file complaint with police. you may get appoint any of your relative  or friend in India and fight. Your personal presence is not required.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Mutation does not confer any title upon the holder. Sale deed which is duly registered is required.

File a police complaint or private complaint in court against the trespassers.

Also, file a suit for ejectment against them in civil court.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can appoint a power of attorney holder in India to represent you in court.

Also, most of the court dates can be handled by your lawyer.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You would not to visit India if you execute a power of attorney as advised above.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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