• Land dispute

I have a property under my parents names who have passed away. I have applied for the mutation and transfer of property in my name. I have the land allotment papers and receipt under my parents names. Someone who is trying to grab the property says he has an affidavit of agreement from my mother selling the land to him. The original papers of the land is still with me. I know he is a fraudster trying to grab the land because my mother has never sold the property to anyone. I just want to know in legal terms if it is possible for whatever affidavit he has to be legal without the original papers of the land.
Asked 2 years ago in Property Law from Delhi, Delhi
You do a thing immediately mutate the same into your name by producing her death certificate and legal heir certificate. Give a petition to registration officer where it belongs  that someone is trying to sell the same and not to sell it without informing you.affidavit of agreement is not selling if she has sold ask him to produce the register deed until deed is registered as sale deed it cannot be refereed to sale.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) mere affidavit has no value . sale of property has to be by registered sale deed . 

2) in addition consideration ought to have been received by your mother  for sale of said property . 

3)on basis of death certificate of your parents  apply for mutation of property in your name 

4) notice will be issued to all legal heirs if any . if no objection is received property would be mutated in your name .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
If you doubt so give a petition to registar stating that some persons are trying to grab your land with fake documents if so not to get the land of your mother in their name without informing you.you can file a civil suit restraining the same from mutating in their name with injunction petition. Lodge a police complaint for the same. If police doesn't take action file a private complaint for the same.Immediately start your proceedings and mutate in your name for further doubts opt phone consultation.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) we cannot foretell what strategy would be adopted by the grabber . 

2) in the event he does  fabricate documents you have a legal remedy . 

3) you can file criminal complaint for cheating , forgery , fabrication of documents against the grabber

4) further move civil court for declaration that you are the absolute owner of property and for stay against mutation of property in the name of the grabber
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. Any fake documents can be made in our Country with no time,

2. Your mother has the original title deed does not mean that she has not sold the said property,

3. Firstly she is not the sole owner of your deceased father's property,

4. Secondly, the said agreement of sale should be genuinely signed by your mother with evidence of having received advance or part of the consideration,

5. With the said agreement for sale, if it is found to be genuine, he can file a specific performance suit,

6. You can mutate the property after submitting the death certificate of your father, legal heir certificate and NOC from all other legal heirs, if any.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
You can mutate the property after submitting the death certificate of your father and mother if she has also passed away and NOC from all other legal heir. Usually Mutation means  means recording the transfer of title of a property from one person to another in the revenue records usually the municipal records.Mutation in the municipal records is the purpose of payment of property tax only. It does not mean a legal title in the name of the person in whose name the property has been mutated.Mere sanctioning of mutation of inheritance is not sufficient to hold them owner.
 For establishing legal title we suggest you to file Letter of Administration under Section 276(1) of Indian Sucession Act. Letter of Administration is issued by a competent authority (court) who appoints the Administrator to dispose of the property of a person who has died without making a Will or in relation to a property that is not covered in the Will.
A Letter of Administration can be granted after 14 clear days from the date of death of an intestate 
Further, mere affidavit is not valid. The person should either have sale deed or agreement to sell. Incase of fabricated document , you can take criminal action.Further move civil court for declaration that you are the absolute owner of property
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Your requirement is to get the ancestral property mutated into your name and for the same you approach concerned office and get it done after submitting wanted documents, then file a civil case of permanent injunction against the person who was trying to grab the said property.
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Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
Hi
1. If you have applied for mutation follow it up, do not worry as it is your legal right , no one can grab it, if at all some document which are fake and forged in nature which  objects the mutation, approach the court with a declaration suit.
2. it is not possible to forge and grab the  land due to many reasons in your case, your mother did not execute any registered documents, or Power of attorney for the same. Secondly the title  is in the joint names of your parents, so either his signature or his legal heirs signature is needed to transfer his share of property.
3. Any document on a stamp paper /affidavit does give the title, so complete the mutation process.
4. who is having the possession of the land and was the  mortgaged to any private individual?
6. why do you suspect of land grabbing by the said individual, did he approach you or having the possession of the land? was there any deal done with him during your parents time.
5. It seems you have taken the correct steps to mutate your property, in case of any impediment file a declaration suit in the civil court or if no issues, take over the possession and use your land, if some one is having any documents  to hold the title, they will approach the court
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
A. Give paper publication in the local news paper with respect your property to bring notice to the public by narrating this property is not ready for sale and mutation processes going on, if anybody tries to deal with this property contact me.

B. Erect board on the schedule property that the property owners are...................to bring public notice.

C. Since your parents are the absolute owner of the property that their name entry was made in all public records so it is not possible to create original fake documents.

D. You can lodge the complaint against the grabber under fabrication of legal documents and trying tress pass to get unlawful possession.

E. If the grabber trying to interfere with your peaceful possession, you can approach a civil court for an injunction order against them.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
Hi, until and unless you have not sold the property you become the owner of the property if he claim the property based on agreement to sell he has to file suit for specific performance suit before the court and you have to make a paper publication that you become the absolute owner of the property none else have no manner of right title or interest over the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Dont worry the stranger has no locus standy over the property,he can not clam without registered deed of conveyance,no validity of such document.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Mere affidavit does not transfer the ownership of the property to another person. Unless and until the sale deed was made the ownership remained with your parents. You would do well to not to take the affidavit lightly in the event that it has been signed by your mother as some rights could have accrued to the alleged grabber on the basis of this affidavit in as much as if the agreement is genuine this person can claim the property by moving to court. He is not required to possess the original documents of the property to be able to legally claim the property. So the possession by you of the original title deeds of the property registered in your parents' favour is entirely inconsequential. What is the extent and magnitude of those rights we cannot tell without perusing the affidavit in question. 

2. If he has an affidavit in his possession which he claims is signed by your mother then he can take recourse to law to assert his rights over the property. To preempt any attempt by him to grab the property you can immediately move to court and obtain a declaration of your ownership to the property in question and also seek a stay order to stop him from grabbing your property. In the event he succeeds in usurping your property it will be a long drawn legal battle riddled with uncertainty of result to recover the property, so take preemptive action now.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
Hello,
Just an affidavit by itself can not be authorising a third party to have any ownership rights.If he claims that it is an agreement you  need to find out what is the document all about as although you have the original document is possession it is possible to have a deal done without the original papers as even a sale can be done without the originals.
However if you have started the process of mutation do make sure that you follow it up and see that the property gets mutated in your name.Once the property is mutated there is nothing you need to be worried about the title.

As far as what the fraudster can do depends on what document he has in possession and exactly what he is upto.
You need to wait and see and take legal steps if need be if and when he approaches the court.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0

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