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R N Aggarwal (CEO)     12 May 2010

Frauds in registered sale deeds of an immovable property.

History: In year 2000 I had wanted to sell a room (a part of my building) on ground floor only vide a registered “sale deed” and received its sale price in cash. It was later sold by its subsequent buyers to three more parties vide 3 more “sale deeds”. Last Sale Deed was registered on 10-12-2009 & its correction Deed was registered on 6-4-2010.

 

Problem: To grab additional property i.e. parts of my adjoining building; in addition to what I had agreed to sell in year 2000; some fraudulent alterations have been made in above-said 4 Sale Deeds. These buyers have even carried out (or arranged) thefts & damages of my property in the adjoining building. I want to finish of this nuisance as per law or by giving some adequate money to the buyers. But they are demanding huge amount keeping in view their nuisance value.

 

Earlier two FIRs (u/s 154 CRPC / 380, 427 IPC & 155 CRPC / 427 IPC) have already been registered by police for theft & my financial loss etc. Names of actual offenders in these two matters are not known to me.

 

Limitation Act: Above-said frauds in registered documents came to light, after certified copies of First, Second, Third & Fourth SALE DEEDS were obtained by me on 20-01-2010; & certified copy of Correction Deed dt. 6-4-2010 was obtained on 19-04-2010; from the relevant offices of Sub-registrars.

 

Modus operandi of offenders: I found that some fraudulent cuttings, rubbings, alterations & additions were made in First SALE DEED; without my counter signatures or even that of Vendees. Vendees have also not signed First SALE DEED at all, even against the recital in its last para. It also appears that Vendees & Vendor (that’s me) have not assigned their finger prints in relevant registers of Sub-Registrar. Alterations & additions have also been inserted in the remaining Second, Third, Fourth SALE DEEDS & Correction Deed by getting them registered in Hindi language; which are not exact translation of First SALE DEED. Ab initio, said First SALE DEED is defective, illegal and null & void. Vendee(s) in First SALE DEED are not bona-fide purchasers.

 

Law: U/s 20, 34 & 81 of Registration Act, 1908; even Sub-registrar did not have requisite statutory powers / jurisdiction to register such fraudulent First SALE DEED. Persons responsible for above frauds are punishable as defined in the Indian Penal Code, with imprisonment for a term which may extend to seven years, or with fine, or with both.

 

Action taken so far: Applications have also been made to the SHO of concerned Police Station; & higher authorities including SSP etc. to register a criminal case (FIR) in this matter of fraudulent registration of above-said 5 Sale Deeds etc. Names of all offenders in these registered documents are clear and have been included in my applications also. Now, an investigation by the police to register said FIR in this matter, is also in progress for last over 30 days.

 

Question: Under above circumstances, should I wait for registration of FIR (which is a must to get fast negotiations) or go-ahead & file civil suit for cancellation of above said 5 Sale Deeds etc. (which is time consuming as to final decision)? Will FIR be registered later, directly by Police or through order of court etc. i.e. if I now file said civil suit for cancellation of above said 5 Sale Deeds etc. & restoration of said room?



Learning

 8 Replies

Ashok Yadav (Lawyer)     12 May 2010

As told by you process for regn of FIR is in progress, It means police is doing its investigation and after completion of investigations police will regd. FIR, if it founds that offence has been committed. But you will have to file civil suit for cancelletion of said sale deeds as they are amended after regn. without your consent. Court may cancel these sale deeds or can allow partly to cancel as it deems fit..

Civil and Criminal both are different proceedings and you should not wait for FIR to file civil suit, it wont affect in any manner the status of FIR proceedings.

1 Like

R N Aggarwal (CEO)     12 May 2010

Who all should be named as defendants in this Civil suit?

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     30 May 2010

This is a model case in the present prevailing circumstances and despite several supreme courthigh court verdicts in the recent past the situation continuous to be the same but at the same time this administrative system needs to be revamped in letter and spirit

Even I am facing the sme problem and the authorities concerned furnishing crucial points The illegal land transaction resulted in my late father's landed properties is surrounded by lower class people In case criminal case is filed any chance of the other party for booking case against the legal heirs under atrocities and if what will be the legal out come

SV Rao

Hyderabad

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     30 May 2010

When a person like me is fighting against odds as fradulent illegal land transaction have taken place is there any case filed/booked under attrocities cases against genuine legal heirs and any court orders in similarly situated cases on earlier occassions

Thanking you SV Rao

R N Aggarwal (CEO)     30 May 2010

The whole problem is that the matter is too technical being amendments in registered papers even though without my signatures and as such needs judicial decisions. Police has shown its inability to file FIR & wants me to go through judicial process; since the other party is not accepting that they are fraudulent.

My first effort is to seek stay against defendants so that they are unable to enter my premises & create further nuisance. Then we shall sort out further matters about the responsibility for all these unlawful amendments etc.

Any guidance please?


Thanks

RN

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     04 June 2010

UNLAWFUL AND ILLEGAL LAND GRABBING ARE IN EVERY THROUGHOUT THE COUNTRY AND DO NOT CARE FOR ANY JUDICIAL VERDICTS BUT SOME CONCRETE AND STRINGENT MEASURES NEEDS TO BE TAKEN AT THE HIGHEST LEVEL  AFTER VIEWING THE INSTANT I WOULD LIKE TO EMPHASISE THAT IN THE LANDED PROPERTIES OF MY LATE FATHER IT IS SURROUNDED BY LOW CLASS PEOPLE ANY CHANCE OF FILING ATTROCITIES CASE AGAINST THE LIVING ABSOLUTE LEGAL HEIRS IF SUCH IS THE SITUATION ANY WAY TO OVER-COME AND INDICATE ANY SUPREME COURT OR HIGH COURT JUDGEMENTS IN A SIMILAR EARLIER CASES

WITH WARM REGARDS

SV RAO

Seshagiri Viswanatha Rao (Asst Secy to Govt Retired)     06 June 2010

Dear Advocates

        Kindly indicate any supreme court/High Court orders those who violated sections 20,34,81 and 82 of Indian Registration Act 1908 viz the registering authorities in which the land documents were registered erroneously or against the above referred sections

        Thanking you

       S V Rao

MALLIKARJUNA SHARMA (ADVOCATE)     24 February 2012

There should be powers and obligations for the Registrar or Sub-Registrar concerned to search his own cadastral records regarding a piece of property presented for registration of sale deed to him so that he would refuse to register if the same has been registered earlier and that registration has not been validly cancelled or the transfer of the property concerned does not flow validly from that registration.  The recitals in the sale deed should clearly state that there are no prior registrations on the piece of property sought to be registered. Tehre should also be a provision that Registrar should enquire into any allegations of fraud connected with the registration of any particular piece of property and pass a reasoned order on that allegation before proceeding with his registration. Otherwise even Kutub Minar and Charminar could and would be registered by mischeivous persons with mischievous registrars and approved by blind justices!


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