• Dhana Settlement for Sale deed property

Hello sir,
   My Grand parents had around 15 acres of land which is equally shared in 1998 to their 5 sons.

I will narrate the position of my father below.
1) Rajarathinam
2) Rajendhiran
3) Rajagam (fake dhana settlement from our sale deed land and registered on his wife name after cancellation dhanna settlement from selvam because instruction from RDO)
4) Sundaram (My father)
5) Selvam (Who sold his whole share to my father and later made a fake dhana settlement deed to Rajangam)

My father bought his brother 5 entire share in 2002 but he haven't survived the land and haven't took possession properly for the whole sale deed land - means 54 cents he haven't took possession .
In 2008 Selvam have gave dhana settlement for 54 cents of land to Rajangam,but Selvam have sold his entire partition land to my father.How come he can give dhana settlement for the sold land.
In 2012 we came to know about that and filed a complained to RDO office via CM special cell and RDO instructed Selvam to cancel that fake dhana settlement registration and surrendered to us.In mean while Rajagam registered that 54 cent of land on his wife name,whether this is valid.
How to legally approach this.Need to file an FIR because of this they are not allowing to enter into our land,bribed police also helping them,how to over come and get our land back sir.Let me know any information required.
In another survey number all other took extra land of possession and made fake chitta for our land and made electric connections with improper records.
Though we have the judgement from the civil court to survey our land,the opposition who made fake documents does not allowing us to survey the land,even government staffs also feared to survey the land ,because corrupted staffs who helped to make the improper records.
Please give the solution even we are ready to file an FIR for bogus document ,but police people are not ready to file FIR ,because they are corrupted too.We have complaint in many places regarding this but no proper response.Please call me for any details - 7418803675
Asked 12 months ago in Civil Law from Harur, Tamil Nadu
1) you can file complaint before magistrate under section 156(3)of Cr Pc  to direct police to investigate  the fabrication of documents  and submit report 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. File a police complaint against Rajaram for illegally registering your land in favour of his wife and also against them who are forcibly restraining you in take survey of your land as per Court order,

2. File a writ Petition before the high Court for police inaction and praying for a direction upon the police to ensure that survey can be conducted as per court order,

3. Police will act now.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
First of all yo have to collect all the registered sale deeds and partition deed in your father's name, secure them, find out which property has been encroached by whom.  Take ECs of all the properties that were in your father's name and see what all encumbrances have been made and how much of them are true and what all have been made by fake and fabricated documents.  the local police will not be of any help because they will simply turn the issue stating that it is a civil matter hence they cannot interfere. You may give a complaint with anti land grabbing cell functioning at the District police headquarters along with all the the documents to support your claim.
Simultaneously file a suit to declare your father's title and possession of encroached landed property,as well as for cancellation of the fabricated sele/settlement deeds and you can file an application seeking injunction restraining the defendants from further alienating the property till the disposal of the suit. 
If the police do not cooperate, move the district superintendent of police seeking his intervention to direct the corrupt police to not to support the culprits and also to take proper action against them for their criminal land grabbing activities. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
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1. Once a person sells his property he ceases to have any right in the property. As a corollary thereto he cannot deal with the sold land. Your father has to file a lawsuit for declaration of his ownership in the civil court as Rajanagam has further registered the land to his wife.

2. The judgment of civil court has to be obeyed. You should file a petition for contempt of court against those who are preventing the execution of the court order. 

3. If police is not registering the FIR then you can directly file the criminal case in the court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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if you have judgement  from the civil court to survey your  land  but opponents not permitting to do so take out contempt of court proceedings against the defendants 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
You can approach the court of law with a suit for declaration of title and repossession if they have occupied your land.
Along with this you may file a petition for injunction restraining them form interfering in your possession or alienating the property to a third person.
Now you have to approach court of law only for remedies.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1. You have been knocking the doors of all related Govt. Officials seeking Justice which you have not yet received,

2. In place of arresting the hooligans, the police has arrested your father for entering his own property,

3. File a Writ Petition before the High Court against inaction of all the Govt Officials whose doors you had knocked so far and pray for reliefs.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
You wasted your time till now by filing petitions and applications, whatever you may call them, to offices which do not have the legal authority to address your grievance. Your legal remedy is only before the civil court, which you should adopt by filing a suit for declaration.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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