2 nd time sale deed executed with forgery power attorny and corresponding sale deed
Binayak Acharya
(Querist) 02 July 2014
This query is : Resolved
Sir,
I was in search of a land against of my litigation free private land. I found a suitable plot with rates acceptable mutually .I purchased the plot in 2013 by looking at Power of attorny of 2009 , corresponding sale deed to his wife . Wife sold it to me . The 100 % part of the plot was sold in 1992, which was reflected in ROR,but this entry was not checked properly by me , EC was there from 1992 .
After settlement observations obtained by RTI in 2014 ,I found some mistake is there,than I asked seller to hand over my land or Rs 7000000(70 lakh)or give a suitable plot of 1200 Hectare/300 decimal with frontage road etc. He is agreed to this conditions, Shall i take the land he is offering ?, shall i do a furgery case by making an FIR ?, shall I take mony he is realy intersted to pay ?.
Also it is doughted that he may hide some where , now he is not giving his phone.
Now he has sold my land , this was not known to me .The price is Rs 56 lakhs as he says.
Please advice .
Acharya
Devajyoti Barman
(Expert) 03 July 2014
If you lodge FIR now you can not get back your money or alternative land.
Rather accept alternative offer and move along with it. When your grievance is redressed, there is no point in litigation.
Rajendra K Goyal
(Expert) 03 July 2014
Get the title of new offered land checked through your lawyer, better go for amicable settlement rather to go for litigation.
ajay sethi
(Expert) 03 July 2014
agree with Mr barman accept the offer
Binayak Acharya
(Querist) 23 September 2014
Sir,
At present the matter is like this.
The owner A gave 300 decimal out of 1015 by power to B to sale it. The area was bounded properly. Than B and A sold 4 decimal to wife of B out of 1015 decimal / ROR showing 806 decimal .
Than B make another power to his wife. Than sold 68 decimal, than 228 decimal , totaling to 300 decimal. Now wife of B sold it to me . At the same time I sold my 3 times costly plot to wife of B , following a rate fixing of Rs 68 laks,giving 5 laks to compensate his plot cost of 300 decimal.this was with cheque ,hand receipt cum agreement for land details to be mutually transferred etc.
Now Bs wife sold my land to another two, one is waiting to purchase against a ban on no sale with out ROR by Odisha Govt.
Now the plot Bs wife sold is found to be occupied by 3 mans who has purchased in 1992 .
But the owner in his name is having plots of 173.5 decimal out of 300 decimal. But at other end of the plot instead of added drawing end of east . one is 101.5 decimal other is 72 decimal .
Can i take physical position of these two plots of 173.5 decimal , not under sale deeds, but according to POA and 4 decimal sales/other sales by owner A and B.
Shall I claim another 126.5 decimal from Bs wife , shall the sale deeds of my plot will be cancelled for this plot requirement.Can there be injection suit,no sale suit of remaing part of plot sold to Bs wife , shall Bs wife give mony of Rs 30 lakhs to me as under agreements or under market value of this 126.5 decimal.Bs wife was offering a plot surrounded by Edowment Property, one man is also under forcefull occupation over the same plot she is offering.
Please advice .
B Acharya
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
