Forged Sale Deed Beneficiary details - deletion in Encumberance Certificate
I have recently purchased one property in 2016. When I checked the Encumberance Certificate, it reflects details of sale by previous owner to another party (B)
The previous owner told me that it was a fraudulent sale through forged signatures, for which he had filed court case and got judgement in his favor in 2004 itself. Even the subsequent appeal by the offenders was rejected. He has given me judgement copy.
i am afraid this will cause a hindrance when i seek a bank loan against property or when trying to sell prospective buyers may not be willing to accept this.
Please tell me the process to get the details of forged fraudulent transaction removed from the Encumbrance Records, whom should i approach and what is the process.
Asked 2 years ago in Property Law from Hyderabad, Telangana
Since concerned Court was passed the verdict with regard to the document executed by previous owner in favour of another party (B) the same entry and its particulars can be deleted by submitting a certified copy of said judgment along with a covering letter with a request to remove or delete the entries and particulars of said falsehood document laying in the name of B. After receiving same application and a copy of judgement the sub registrar is bound to remove the entry in EC and details from the office. However you better to cross check the details of said case and appeal whether the appeal is disposed off. You can trace online on e courts telangana web site or by approaching court directly. You have to obtain certified copies of same judgement for record purpose. No need to panic or worry. After getting deleted that entry in EC you approach the bank for loan as other wise they will take a objection.
It seems that you purchased the property without conducting due diligence. It is basic law that nobody can convey a title better than his own title. If the seller had no or defective title to the property he could not have given a better title to you. You should consult a lawyer with a certified copy of the decree passed by the civil court and upheld by the appellate court to find out the true picture.
1) certified copy of the judgment passed by court has to be filed in sub registrar office
2) it is only then friars enemy sale transaction would be removed from
The encumberances certificate
first you should inquire about nature of suit and judgment. if it is based on the fraudulent transfer then you should inquire about status of appeal or other proceeding. if you find that all the things are clear then you can purchase this property. you can get declaration from the current owner regarding his right in the property and buy this property under condition that defect in title will cancel this deed and owner is liable for payment of sale money with interest i.e. conditional sale.
First you obtain all the relevant documents including the so called court judgment copies.
You may also see that if the court had directed the registrar to remove or delete the encumbrance alleged to have done through a forged document.
Take a legal opinion on the subject from a good and experienced lawyer and then proceed.
You cannot remove or delete the encumbrance even by filing any kind of application before the authority concerned.