John Bosco (Proprietor) 19 July 2011

Made over of Cultivation lease

I need suggestion from experts on the following issue

My father in law has made a sales deed in favour of my wife, which is his self earned property on 22.03.2011

We came to know from the EC that my brother in law had encumberred the property on 08.04.2011, saying that he had taken that land on lease for cultivation from my father in law ( for which no documentory evidence is available, even if he shows a forged one that is not registered ) and he registered a made over of lease to his wife

We are unable to sell the land though we are the right ful owner of the property due to this encumbrance

Is it posible to cancel the registration which is done illegally? whom we have to approach for the cancellation of this registration?

Please clarify

Thanks

John

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1 Replies

Mahadeva Rao G (ADVOCATE) 19 July 2011

hi John,

This is Mahadeva Rao G, from Bangalore.

First of all there was no need of Sale deed to be made by your father in law if the transaction was between the Father and daughter. As claimed by you if it is self acquired property then a simple Gift deed would have solved all the problem. Since there is already a proper Sale Deed executed by your father in law in favour of your wife ( that is his own daughter ) in that case it is not anybody's business to interfere in your peaceful possession and enjoyment of the property in question. since the Sale Deed is done on 22-03-2011 and the EC is dated on 08-04-2011 based on the forged document and moreover once the alienation is done on 22-03-2011 your father is no more a owner of the property and any number of documents, even if he makes it will not have any value in the eye of Law. It wil be null and void.

your wife can file a suit for permanent injuction against her brother in competent court of Law restraining him from interfering in her law ful possession.

For further assistance along with your documents you can get in touch with me on 9845285555,

Warm regards & Good luck.

Mahadeva Rao G, ( 98452858555 )