• Suit for declaring a fraudulent sale deed null and void

Hi,

My mother bought an empty plot in a residential area in Vrindavan in 2004 and did construction on it (boundary walls, gates and rooms) on it. There is no electricity or water connection taken for this house. And no furnishings or furniture of any kind. Just walls and main gate which is locked. No one was staying there. My mother and rest of family lives in Delhi.

Yesterday a man came to our residence in Delhi, saying that he is doing enquiry on behalf of buyer for our house in Vrindavan. He was very surprised to know that my mother was still alive because he informed us that a sale deed for our house was executed on 13 Mar 2023 by one Vishal Gupta who claimed to be the son of my parents. Vishal Gupta stated in the sale deed that my mother has expired and hence he being the only son has inherited the house in Vrindavan. This fraudulent sale deed was executed in favor of two brothers for sum of Rs 60 lacs. And now these brothers are trying 
to sell it to the new buyer - whose man has come to our house for inquiry.
 
We want to file a civil suit to restrain the new buyers to sell this house to anyone else. Have following queries regarding this suit:

1) Should we seek relief of declaration of title in favor of my mother or for declaration of new sale deed as null & void? Because if the new buyer manages to sell the property to someone else with in few days then just making new sale deed as void wouldn't be sufficient.

2) Would the court fee be a fixed amount or as per a percentage of amount in sale deed (Rs 60 lacs)?

 3) If the new buyer manages to sell the property to someone else before we could get injunction, would we have to file another suit for making the latest deed null or can the same suit continue? In this case would we have to pay the court fees again? This is our main fear.

4) Do we need submit the original deed in court for purpose of this suit or just the certified copy suffice? We don't want to lose the original deed.

5) How soon can temporary injunction be granted from day of filing the suit?

6) Do we need to implead the sub-registrar in this suit? Otherwise if we get the stay on alienation and submit it to registrar office - would that be sufficient for stopping the sub - registrar? As per local lawyer wouldn't be possible to implead the sub-registrar.

7) Should we implead Vishal Gupta (who acted as fraud seller in the sale deed) or just the new buyers?

8) Should witnesses of fraud deed be impleaded too?

9) Can we seek both reliefs of permanent injunction for not interfering with our possession and not be able to sell property further in one suit?

10) From protection of possession perspective - Should we keep the house locked or ask a guard to stay there? Can the new buyers break our lock and enter or modify the property now without risk being prosecuted for criminal trespassing?
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

1) your mother should file suit to set aside fraudulent sale deed 

 

2) seek injunction restraining sale of property 

 

3) if property is sold by purchaser you have to add new buyer party to suit 

 

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

 

5) you should get injunction in a week time 



6) no need to I plead sub registrar as party 

 

7) you need to add vishal Gupta as party 

 

8) no need to implead witnesses 

 

9) install CCTV e cameras in house and start staying in property 

 

9) post security guards on the property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello, 

  1. It is advisable to get a declaration Suit in place with interim injunction to restrain alienation of any kind and permanent injunction against all concerned.
  2. The Court fee would be either on the agreement value or the ready reckoner  value it the latter is higher.
  3. This is highly hypothetical. You need to move quickly to get an injunction, if possible in a couple of days. If sale already happens the injunction cannot take retrospective effect and you will have to file another Suit and that would involve court fee. 
  4. Photocopcopy is enough at the time of filing.
  5. It can be obtained in 2 to 3 days convincing the court of the urgency of the situation.
  6. You need to only file a copy of the Injunction order.There is no need to join sub Registrar as party.
  7. You need to definitely implied Vishal Gupta.
  8. Yes. 
  9. You can.
  10. It is advisable to do so under circumstances as it would be symbolic of continued possession by your mother. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

  1. File a suit for cancellation of sale deed executed by Vishal Gupta and his buyers. As title of mother is not in doubt no need to seek declaration, it will be taken as you are in doubt about the tile.
  2. Court fee will be paid on value of sale deed to be cancelled.
  3. File suit immediately, obtain injunction and serve copy of order of Court on Sub-Registrar. He cannot register another sale deed on the property.
  4. No need to file any original, certified copies will do.
  5. It can be obtained in one day, if your Advocate is capable.
  6. Government officer cannot be impleaded unless there is notice issued  to him. No need to add him as a party.
  7. Vishal Gupta will be defendant 1 and his buyers will defendant  Nos. 2 &3.
  8. No need to implead witnesses.
  9. Seek interim order for not transferring and not trying to interfere in possession.
  10. Keep a permanent guard, no one can interfere after getting interim order. Even filing of suit is sufficient of deter any nuisance by defendants.
  11. File an application to Inspector General of Stamps and Registration of the State under Section 82 for filing criminal case against all for fraudulent transfer. Punishment for such offence is imprisonment up to seven years.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

1. Your mother can file a suit for permanent injunction against the intruders or fake buyers from interfering in your possession and enjoyment of the property on the basis of the falsely created documents.

Since you are not a party to the fraudulent sale deed, yo do not have to seek declaration of yor title nor you have to seek for cancellation of the fraudulent sale deed.

2. Since you are not asking for cancellation of sale deed, you do not have to pay court fee for that purpose.

3. You do not have to file a fresh suit agaisnt the subsequent buyer, you can just file a petition seeking to implead the subsequent buyer as a necessary party and seek an order of injunction against him also.

4. You do not have to submit the original sale deed, you can file the certified copy also.

5. It depends on the court proceedings.

6. You can implead the sub registrar also as a party and seek the relief to restrain him from registering or creating any encumbrance over the property.

7. Whoever sold this property fraudulently has to be impleaded as necessary party.

8. Not necessary.

9. Yes.

10. You can get an order of restrain against the intruders

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

suit simplicter for injunction is not maintainable 

 

2)pay the court fees . you would get some refund if you succeed in the case 

 

3) file suit for setting aside sale deed . injunction restraining sale of property by buyers 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Since you are not a party to the sale, you don't have to file a suit to cancel that sale deed.

Instead you can seek declaration to declare that sale as invalid and null and void.

This would be an additional relief besides permanent as well as temporary injunction relief in the same suit.

For this you don't have to court fee as had been informed to you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Bette only file FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You are non-executant of sale deed and in possession. You will have sue for a declaration that the deed is null or void and does not bind you, you has to merely pay a fixed court fee of Rs. 19.50

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear client,  I'm sorry to hear that but in this case you can obviously gohet and file for a suit of permanent in junction against the new buyer for not being able to sell the property further and not to interfere with your position and then later was temporary in junction is granted you can add the relief for declaring the new sale need to be void

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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