• Rural agricultural land transferred by cheating

There is only two sisters no brothers they have. agricultural land should be inherited by them but land was used by cousin for agricultural produce and he also give the money earned out of production from farm. after marriage of of both the sister for few years it continue he was good to them. But in around 1999-2000 he take the took the thumb on blank paper saying that he need to take loan on land. Due sympathy to cousin brother elder sister put thumb as she is illiterate. Thumb is witness by second sister's son. Cousin has transferred the land in his name in government record called 7/12 extract in early of year 2000. There was no deed executed  on stamp paper to transfer the said land. so is it valid transfer? can land be transferred back to sister's name in 7/12 extract?  what action should be taken?
thanking you
Chetan Patel
Asked 2 years ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
It seems that a GPA was signed by sisters, under ignorance of its legal import, to enable their cousin to transfer the land to his name. The transfer can now be successfully challenged in the court only if the sisters can prove that they signed the document of transfer due to undue influence practiced on them by their cousin. The illiteracy of elder sister is prima facie proof of the fact that the transfer was actuated due to undue influence. So the sisters can file a lawsuit to challenge the transfer of property made by their cousin. 
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

Hi, For transferring the property it has to be registered before the Sub-Registrar office then only  it is valid transfer.

2. In you case it is not a valid transfer so you can file an application before the Revenue authorities ask them to change the name  as there is no valid transfer at all and normally under this circumstance authorities will transfer back to original name.
Pradeep Bharathipura
Advocate, Bangalore
4450 Answers
191 Consultations

4.3 on 5.0

1) take certified copy of 7/ 12 extract . sisters have to then file suit to set aside transfer of land made on name of cousin 

2) mention that thumb impression taken on blank paper 

3) came  to know of the fraud only recently and hence suit is not barred by limitation 

4) also file complaint of cheating and criminal breach of trust against cousin under section 406 420 of IPC before local police station 
Ajay Sethi
Advocate, Mumbai
38854 Answers
2179 Consultations

5.0 on 5.0

You can file suit for cancellation of transfer by committing fraud. this is an offence of forgery and punishable under section 420/467/468 IPC, it is cognizable offence. He took thumb impression on blank paper but he dit not get it notorised ot registered on stamp paper so transfer is illegal and it has no effect. 

file an fir or complaint make her son as witness, he is attestation witness if he revoke his signature and attestation then document will become void. His statement is relevant for establishing your case. 
Shivendra Pratap Singh
Advocate, Lucknow
4809 Answers
72 Consultations

4.9 on 5.0

Hi Sister has to file the case before the court because she is the aggrieved party.

2. No advocate will assure your that within particular period case will be completed.
Pradeep Bharathipura
Advocate, Bangalore
4450 Answers
191 Consultations

4.3 on 5.0

1) sister has to explain she was not aware of transfer of land in favour of cousin as she is illiterate 

2) she came to know of fraud only recently hence filed case within period of 3 years of discovery of fraud

3) case may take around 10 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
38854 Answers
2179 Consultations

5.0 on 5.0

 There was no deed executed  on stamp paper to transfer the said land. so is it valid transfer? can land be transferred back to sister's name in 7/12 extract?  what action should be taken?

The property was not transferred to the cousin through a registered deed. Therefore legally the property is still in the sister's name only.
However since the cousin has allegedly transferred the 7/12 records on his name, the sisters can give an application to the Tahsildar to cancel the fraudulently obtained transfer of 7/12 record by the said cousin using their illiteracy to his advantage.
The Tahsildar after hearing both the sides may transfer the revenue records o the sister's name itself, if found to be genuine.
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

if sister file a case then how many chances to case in favour of sister? because 15 years land is possessed by cousin. Is there any time limit for case is to be complete with in specified time limit say like 1 or 2 years?
Since this is not a registered transfer of property, it is not affected by the law of limitation.  
Moreover the land revenue records only were transferred on his name hence he cannot legally claim marketable title to the property without the property documents in his name.  Therefore the situation is in their favor only.
T Kalaiselvan
Advocate, Vellore
28856 Answers
300 Consultations

5.0 on 5.0

A legal proceeding is not a game of chance as everything boils down to ocular and documentary evidence led in the court. A mere long possession of land by the cousins does not oust the claim of their sister. No there is no time limit.
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

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