Ancestral property & sale without consent of children
Prem
(Querist) 12 March 2012
This query is : Resolved
Dear Sir/Madam,
My father was adopted by his paternal aunt and by heredity he received agricultural land in Karnataka from adopted parents. Further, my father by relinquishment deed(Hakbittu) in 1987 transferred part of land to me (son) by recording the deed before VA & Tahsildar by specifying boundaries in North South direction and shown in old RTC as hissa-2 on my name and hissa-1 on fathers name. Further, during 1999, agreement was prepared on white paper to sell 2 Acre land to close relative, who paid partial sales amount and agreement paper was retained by relative. During 2007, he fraudulently got registered sales deed for 5 acre land (with boundaries running east to west) under pretext that the document prepared is only for measurement of land and for taxation purpose. He assured my parents orally that purchase will be only for 2 acre and he will prepare document for the same in future after measurement etc. My father is very simple, believes others easily especially relatives and earned honestly all his life by doing menial work. The sales deed is incidentally signed by my mother also as witness as she does not know kannada. Based on sales deed, now they have transferred the name in property document (RTC) as hissa-2 and showing hissa-1 on my name and my fathers together. Further, cheating relative has also got converted the land to NA purpose. I am govt. servant serving in different state of India for last 6 years and came across the issue only now due to bhoomi website. I have 3 sisters married in Maharashtra/Karnataka. Expert advice is kindly solicited on following points –
1. How can we claim the land back ?
2. Whether criminal/cheating case can be filed against him ?
3. Whether separate stay is required to be obtained against sale of plots in the said land ?
adv. rajeev ( rajoo )
(Expert) 13 March 2012
if it is ancestral property file a suit for partition and seperate possession for your share.
Deepak Nair
(Expert) 13 March 2012
1. File a suit for partition as advised above by Adv.Rajeev.
2. You can file a case under sec.420 of IPC for cheating.
3. You can move a miscellaneous application for stay of sale of plots in the said suit for partition itself.
Guest
(Expert) 13 March 2012
Agree with experts.
Prem
(Querist) 21 March 2012
Thank You, Experts !!
Sir, Please tell me whether case under 420 for cheating has standing. If yes, how to prove cheating as mother & father both have signed in sale deed.
