Hi. Your title is perfect.as dharma rao's title vide is perfect(OS591 of 2006 and LP156 of 97) and approved by court and also your name figured in EC .both OS and LP are interlinked and should not seen as separate(dharma rao as cultivator has been in possession of property).
Double registration of property
Respected Sir, 1) In 1977 , G.ApalaSwamy has given 1acre as register gift dead to his granddaughter N.Kannnama but in his gift dead he has mentioned , the property will be enjoyed by him until he survives and after that N. Kannama can enjoy the property but should not sell it .The children born to Kannama can enjoy the property and sell it as well. 2) In 1989, N. Kannama sold the property to Rayudu Subba Rao and mentioning her 3 children (minor names) and her husband signature . 3) In 1997, Rayudu Subba Rao brought LP NO 156/97 for this acre and divide the site into 14 plots and he sold only 4 plots( .between 1997 and 2000. 4) In 2006 , P. Dharma Rao has failed case against (OS no 591/2006) N. Kannama that he is growing vegetables etc in her 1 acre and her 4 children (majors now) has given agreement to him in 2003 that they will sell the one acre to him when needed but they are not selling the same. Things have been settled by elder between N. Kannama and her children and they agreed to register the land to P. Dharma Rao . 5) But Kannama is 7 children now three are minors and 4 are majors . so N. Kannama has approached court that she has difficult to survive and need to sell the land and she has decided to sell it for 7 lakhs . 6) Court has approved it and asked her to deposit three lakhs as fixed deposit on three minor names and provided the receipts to court, they have provided the same and court has given orders to sell minor property . 7) In 2006, N.Kannama has filed another case that the sale dead of 1989 mentioned in point (2) is not valid she was not aware she is signing the sale dead ,she thought she is executing mortgage for the amount she barrowed and it is also minor property . 8) In 2007, N.Kannama and her three minor kids and 4 children has given GPA to P. Dharma Rao for there one acre. 9) In 2008 , P. Dharma Rao sold the land to me as plots ( plot no 38,39,45,46) total 806 sqyards but he used the LP NO 156/97 mentioned in point 3 above . Fortunately or unfortunately , Rayudu Subba Rao did not sell this plots to anyone.so when we take EC for the same only our name is appearing from 1983 to till date . 10) In 2008 , he sold remain 10 plots to some other person (D. Krishna) 11) In 2011, The case filed by N.Kannama in 2006 mentioned in point (7) has been dismissed because if the sale dead is an issue the children of the N.kannama has to file a case with in the limit of 3 years they become majors but not N.kannama and also N.Kannama and lawyer did not deal the case properly since it is already sold in 2008 to us. 12) In 2011, 4 people went to court they are the site owners of the plots sold by Rayudu Subba Rao mentioned in in point (3) and they got injection order main reason is none of them from N.Kannam attend the court they are set expert. We are not related to this plots but they are in same LPNO and in the same one acre. 13) In 2015, D. Krishna mentioned in point (10) has sold his 10 plots to ex.MLA to low cost knowing the dispute. 14) In 2015 December, I went to see the land and I kept boundaries and a board in my site ,couple people approached to me when building the wall I told them this our land they went silently . 15) In 2016 February , they removed my board and made call to me . The mentioned they are legal hires of Rayudu Subba Rao it is there land . 16) It took couples of days for me to go there since I am non local and after going there and sitting with them and I saw there documents I came to know the entire issue. Point (1),(4),(5),(6) and (8) are clearly mentioned in sale dead and link documents . They have hidden other points Can you help me to know from where should I start now? On whom should I file case? Should I file 420 case on P. Dharma Rao ,N.Kannama and her children for doing double registration ? will I get my land or money back ? if yes ,to what extent current market rate ? Should I convince N.Kannama children to go to court and cancel the registration done in 1989 , will it be valid since it crossed the limit ? What about the court order brought for minors is it valid ? since the court gave orders to sell the minor property .
Asked 8 years ago in Civil Law
11 Answers
1) it is necessary to peruse the documents cited by you to advice .
2) from facts cited by you it appears that N.Kannama had no powers to sell the property
3) it could only be sold by her children .
4) court has dismissed suit filed by N kannama and has held sale valid as children did not challenge sale deed) the children on attaining majority ought to have within period of 3 years challenged sale
5) on basis of POA granted by N kannama land has been sold to you by holder of POA
6) once N. Kannama sold the property to Rayudu Subba Rao in 1989 she could not have given POA to P. Dharma Rao in 2007
7) you dont have clear and marketable title to the property as land had already been sold in 1989 by N kaanama .
8) fraud has been committed by N Kannama as she has has sold land twice.
9) you have to file complaint of cheating criminal breach of trust against on P dharma Rao , N kaanma and her 3 children
10) your agreement with P dharma Rao must be containing indemnity clause . seek refund of money paid by you with 18 per cent interest
Sir , thanks a lot for your feed back. we paid 25 lakhs in 2008 but officially in document it is 5 lakhs sale dead . should we claim interest on 5 lakhs or current market value + interest or current market value ? should we do it in kakinada court only or can challenged directly in high court? if i am having clear title ..what should i do now ..should i take the possession and file a declaration suit ?
Asked 8 years ago
1) you can only claim amount mentioned in your sale deed ie Rs 15 lakhs with interest . you have no evidence of cash payment made .
2) you can file it kainada court if it has pecuniary jurisdiction to entertain claims
3) you dont have clear and marketable title to the property
Declaratory suit should be filed in district court of kakinada . Current market value of property will be the basis of suit. Legally You are in continous possession of property since 2008( title deed registration date).we should file a declaratory suit and also ask for permanent prohibotory injunction
Firstly the properties involving minor interest cannot be sold, however the minors can object the same within three years from the date of they attaining majority or from the date of their knowledge..
Now Kannamma has sold the same property twice once during the year 1989 and second time with court's permission during the year a mentioned in the points number 5 and 6.
As per point 11 the case filed by Kannamma has been dismissed by court hence it is confirmed that she has sold the same property to two people, which can be considered as an illegal act.
You have not stated that when did you buy the property and from whom, i.e., from Rayudu or from Dharma Rao.
Whatever it is, you can ask your vendor to cancel the sale and get your amount refunded because this will be a never ending process and the litigation cannot be concluded until there is a compromise and the compromise will not terminate the chances of future litigation, another person claiming to be legal heir will emerge at a later stage to claim his share.
It was your mistake to have proceeded with the sale without having a proper legal opinion before purchase, anyway even now you can take back your invested money to be sure of atleast your money if not the property.
we paid 25 lakhs in 2008 but officially in document it is 5 lakhs sale dead .
should we claim interest on 5 lakhs or current market value + interest or current market value ?
should we do it in kakinada court only or can challenged directly in high court?
In my opinion you should take back your amount and can claim interest to the official 5 lakhs officially and should instruct the vendor to pay interest to the remaining amount when there arrives a out of court settlement situation. If the pecuniary jurisdiction is within Kakinada court, you may proceed through the same court or you may file a suit in the District court of your district.
if i am having clear title ..what should i do now ..should i take the possession and file a declaration suit ?
Taking possession and filing a declaration suit late on is a good idea but what if somebody emerges at a later stage stating that he is a legal heir of a deceased share holder and he was not aware of this declaration suit, hence claiming a share in the partition suit filed then?, This will become a never ending tale and you may be allotting your maximum time towards litigation alone, hence decide wisely.
Sir ,I Purchased the property in 2008 from P. Dharma Rao and he only got all OS from court etc. I believe it is impossible to recover the money what we paid other than putting cheating case and getting minimal amount in sale deed. Our lawyer is suggesting let us make the minor to file a suite to cancel sale deed of 1989 mentioned in point (2) . My question here is N.Kannama is having 3 kids as minors in 1989 and she is having 7 kids now and one of them just become major and he is in 3 years limit .N.Kannama age is 58 now so I hope no more kids :). can we file the case with one guy who has just become major ? is it valid? .The 3 kids at the time of sale deed (1989) are taken into consideration ? or the 7 kids at current period are taken into consideration ? It is clearly mentioned in the register gift dead document 1977 in point (1) , the property belongs to all children born to N.Kannama . Please note the court gave order to deposit money for all minors in 2006 the order is mentioned in our sale deed but not in 1989 the other buyer
Asked 8 years ago
What is the use of the major son now filing a suit, will he be filing a suit against Dharma Rao? How will this suit benefit you.? Suppose he is filing the suit against Dharma Rao and impleading you as a second defendant and all other purchasers as defendant, the Dharma Rao being the vendor, may remain exparte leaving the purchasers to defend themselves, what will you do in such a situation?, Suppose the court is giving verdict in favor of the major son then you may have to vacate the property purchased fro Dharma Rao, then how will you be able to recover the money from him?
That is why I opined that it is better to take action directly against the vendor who sold you the property for the offences of cheating, let him answer the police based on your complaint.
If at all you want to file a cheating case( you can file against dharma rao only. If dharma rao and you jointly file a cheating case then you both can file only against the kanamma and her4 children who were alive on date of filing OS 591of 2006. Still my friend filing a cheating case will not solve the problem. In a cheating(criminal) case the state will be the prosecutor and you will be the complainant. The cops will arrest the accused and courts will put them in jail if convicted. But how will you get your money? To recover your money you will have to file a civil suit seperately which in all likelihood will be time barred(you bought the property in 2008 and technically you should have filed by 2011) . I reiterate that legal option open to you will be declaratory title and prohibotory injunction only.
1. You have to file a suit for cancellation of sale deed and refund of consideration with interest against P.Dharma Rao as the sale is vitiated by misrepresentation. The suit is to be filed in the civil court.
2. A criminal case for cheating and breach of trust can also be filed.
3. The court order permitting the sale of minors' share has attained finality if it has not been challenged.
4. Consult a lawyer with all the case documents including the draft of the cases filed in the court and the decree passed by the court.
1. You can claim the refund of only that amount which is mentioned in the sale deed.
2. Your title does not seem to be clear, but if it is clear then a suit for eviction instead of cancellation of sale deed is the remedy.
3. As I said, your case presents a complicated set of facts which cannot be understood in proper perspective unless the case related documents are perused threadbare. So consult a lawyer with all the documents.
1) son who has become major can challenge sale deed now
2) you should go by your lawyer advice
3) as rightly mentioned by you in the will it is clearly mentioned that mother had only life interest in property and she could not sell the property