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saipothula   17 October 2017

Fraudulent land registration

Hi

My brother gave me 1 acre land as gift deed in 2001. Later in 2013, he asked me to mortigage my land for some loan and he took me to sub registrar office and asked me to sign few documents and I did. In 2014, he told us that we gave back 1 acre to him as gift deed registration, we searched all latest Encumbrance certificate, adangal and everthing. Everywhere it was showing our name as owner for that 1 acre. 

Now, in 2017, he brought that registration document with my signature and a updated EC with that transanction, to sub registrar office and applied for passbook. Later we found that, he bribed and managed sub registrar in 2013. Generally Sub registrar will call both the parties and ask the seller, if he is willing to sell the property, and then he will take fingure prints of both the parties at a time. But in our case, it didn't happen like that, I was sitting in lobby, my brother brought few papers and asked me to sign, believing him, I simply signed those documents and registration got completed. I didn't even went inside.

Also somehow he managed some data entry official to hide that transaction in Encumbrance certificate for time being, it was not showing up till last week, but it is showing up now.

Now, is there a way you go legal on sub registrar and my brother? And get my land back?



Learning

 4 Replies


(Guest)

You need to take steps to cancel the necessary deed from Hon. Court . If you sleep even now forget it forever, already he has delayed it tactfully for 3 years it seems (Rather highly calculated steps he has done by taking legal opinion) . Even criminal proceeding may be required to be initiated against your brother (Sorry it will be very tough but no choice) 

Generally, Registrar is required to be careful but I know few cases where one person signs document second person photo is taken and third thumb impression and it took place in registrar office. In Such cases you need to be dam sure and then initiate criminal proceedings and if police dept doesn't take steps then approaching Hon. Court and they directing to file FIR etc. against all 

 

 

saipothula   18 October 2017

Thanks Madhu

G.L.N. Prasad (Retired employee.)     18 October 2017

The possession of the property and circumstances have also to be considered.  You can contemplate steps to file a suit for partition, if there is no partition and you have to file for cancellation of sale deed and declaration and have to establish the fraud.

First use RTI Act and get all those records as certified copies from Registrar.  (Your signed records, photographs, finger prints)

saipothula   18 October 2017

Thanks GLN Prasad


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