• Illegal registration of our property

  There was a land dispute between my father-in-law and two other persons. My father-in-law won the case in 4 different courts(including madurai high court). Now the opponent has registered a fake document with our land to their wives but the survey number in the document is different. Then they have sent us a advocate notices stating that the property belong to them. Moreover they have locked our property and not allowing us to enter in the area. I just want to know how can i cancel the registered document as well as any approval given to them and wants to take possession back. I just want to know the legal procedure , whom i should approach. Finally need to take proper action against the opponents
Asked 2 years ago in Property Law from Nagercoil, Tamil Nadu
Religion: Hindu
1. If you are getting restriction to enter into your own property you can file civil suit for injunction.
2. in the same suit you can seek relief of setting aside of the deed.
3. You can file criminal case of trespass as well.
4. Meet a local lawyer and seek legal intervention soon.
Devajyoti Barman
Advocate, Kolkata
13184 Answers
175 Consultations

5.0 on 5.0

Hi, you have to file a suit for deceleration to declare that your father-in-law are the absolute owner of the property and also consequential relief of possession.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1)you will have to move court for declaration that you are owner of the property and to set aside document for sale of your land in their wives name 

2) also seek direction restraining the persons from disturbing your possession of the plot 

3) rely upon judgement given by madurai high court in your favour 
Ajay Sethi
Advocate, Mumbai
46884 Answers
2772 Consultations

5.0 on 5.0

1. It seems that a document of title has been forged by him. Accordingly, your father-in-law is required to file a lawsuit for cancellation of the document as illegal so as to prevent the passing of rights under the document. This apart, a criminal case for cheating, breach of trust and forgery is also to be filed. 

2. Your father should also file a lawsuit for the eviction of the trespassers from his property. 

3. You should approach a lawyer and none else.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

As stated by you if you have won the property dispute case, if the property was not in your possession, you should have file an EP for taking possession and if necessary by taking the help of police force.  Have you done that?
If he has sent a notice and occupied forcibly into the property, a contempt of court as well as criminal trespass can be filed against him.
You can also file a suit for mandatory injunction against him and also an application for evicting him from the property and hand over vacant possession.
Consult your lawyer and decide further course of action.
T Kalaiselvan
Advocate, Vellore
37039 Answers
403 Consultations

5.0 on 5.0

1. Lodge a police complaint alleging that they have taken illegal possession of your property,

2. Also lodge a police complaint against faking of the document for registering the property,

3. After that file a declaratory suit claiming that the said registration is invalid since it is based on fake documents and pray for direction upon the Registrar to cancel the said Registration.

Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

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