• A agriculture land sold from others of my village by fraud

My grand father was owned many land in my villge. but i dont living there at that time . but my relative told me that your father was a farmer and he had a many land and i i had a rti on talati and ask for 6 number and 7 and 12 documents and also from tippan and all the documetns shown that my grand father had a land then after some villages sold this land on a mouth agreement and and some fraud deed. this is i am talking about 1958. to 1973. all the big farm sold out in this fashion. and sub registrar has no documetns regarding this deed. they say all the documents of your deed was destroyed in dam flood.  ( some of the documnts out 17 entry 4 to 5 deed is found ) and there is no documents in this matter said talati and mamaladar ) they after a entry was a Succession made by other man and took 4 farm on my fathers name and they after this 4 out of 3 sold to fraud deed.now the mamaltadar dont giving me the all the documents of this bogus deed now what should i have do. i have complained the collector no action is taken place. one of entry shows that the A is not a land owner in 1972 and the sell deed said that be baught a land from A in 1972 actually A is being land owner in 1973 by heirship. second one deed buyer said in a deed that i have bought a land in 1979 but i have forgot to register this deed and he was now regitered a deed on 1998. is this possible that a deed on sell in 1978 and register in 1998. and third one without any permison the power of atory fraud sold the land one third person on behalf origanal land owner. i need help in this case.( i have ask for all the documents regarding this matter 6 number of the village for proovve this deed talati and sub registrar has no documents also in mamalatdar what should i do ??
Asked 6 months ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1) registration of sale deed has to be done within period of 4 months of execution of sale deed 

2) with penalty another 4 months 

3) sale deed cannot be registered after 11 years 

4) deed of confirmation can be executed by seller if it is not possible to regsiter sale deed 

5) if signature on POA has been forged then police complaint can be filed in this regard 

6)file RTI application to obtain copies of said documents 

7) then file suit to set aside fraudelent transfers made 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
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1) when fraud was discovered you have to file suit within period of 3 years of discovery of fraud 

2) you need copies of sale  deeds / POA fraudelent ly executed 

3) take 50 years title search 

4) you have to explain delay of 50 years in moving court . If any sale  was fraudulently executed what was your father doing all these years 

5) court may not grant you any reliefs after 50 years 

Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
A comprehensive title search should be undertaken by you in the office of sub-registrar with the assistance of a local lawyer, failing which the real picture will remain blurred. If you have evidence to prove that your property was sold on the basis of a forged sale deed then you can file a civil suit for its cancellation. This apart, criminal prosecution for forgery and cheating may also be launched against the offenders. 

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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now the mamaltadar dont giving me the all the documents of this bogus deed now what should i have do. i have complained the collector no action is taken place. one of entry shows that the A is not a land owner in 1972 and the sell deed said that be baught a land from A in 1972 actually A is being land owner in 1973 by heirship. second one deed buyer said in a deed that i have bought a land in 1979 but i have forgot to register this deed and he was now regitered a deed on 1998. is this possible that a deed on sell in 1978 and register in 1998. and third one without any permison the power of atory fraud sold the land one third person on behalf origanal land owner. i need help in this case.( i have ask for all the documents regarding this matter 6 number of the village for proovve this deed talati and sub registrar has no documents also in mamalatdar what should i do ??

No doubt this is relating to a very old transaction however by the way you have dug out the old details and strained to collect the documentary evidences to prove the fraud has taken place previously due to which the benefits that should have been availed by you have been denied or deprived, you should go ahead with the issue legally if you don t find solution otherwise.
You can file a suit for possession of your property based on the documetns in your possession but please make sure that you engage a skilled lawyer who can handle the matter effectively using his experience and tactics by drafting a strong pleadings in the plaint.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1) 1 survey no sold deed (year 2011 )  documents not available anywhere mamalatdar sub register. where should i get or any suggestion ???

How did you get to know that there is a sale deed of the year 2011, if you are knowing the source of the document it will be easy to lay your hand on the document through such source itself. 




2) mouth agreement in 1960 to 1965 is this challangeble after 50 years ?? 

It may been barred by limitation however, you can present before the court that it came to your niotice very recently hence the matter is well within the limitation.




3 ) how many year after a fraud sell deed we can challange the fraud deed ???

Within three years from the transaction or three years from the date of knowledge about it.




4) if  no sell deed available in the office anywhere how can we fight without any document how can we proove the POA is fraud or a land sell agreement is fraud ?

You have to detect the documentary evidences from your sources only or else all your efforts will become waste.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Q. mouth agreement in 1960 to 1965 is this challangeble after 50 years ?? 

A. yes,because right in the property cannot be transferred on oral agreement. but living on the land for such a long period constitute valid defense i.e. adverse possession, in civil suit so you should file a criminal case for criminal trespass along with civil suit for recovery of property.  
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
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Q. if  no sell deed available in the office anywhere how can we fight without any document how can we proove the POA is fraud or a land sell agreement is fraud ?

A. documents were distroyed in flood is not a valid excuse, you should file an appeal against order of collector. you can also file a case before the board of revenue that documents are not provided by the revenue department. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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