Cancellation of sale deed and possession of property
krishna
(Querist) 28 February 2014
This query is : Resolved
A – Plaintiff
Vs
1. B
2. C
3. D
4. E
Property is on the name F died in 1981. B is the legal heirs of F.
A, C, D are the legal heir of G. G died in 1973.
Though this property is on the name F , it is acceptable to A,B,C,D, that this property is combine property of F & G & E is also aware that.
April B ,C,D, negotiated with E to sell this Property to E and E paid certain amount to B on paper without the knowledge of A who is in possession of this property.
After that B,C,D,E started pressurizing plaintiff to take money of his share in this property and handover the possession of this property to E.
A refused to sell this property and accepted to pay money to B,C,D but A could not pay money to them because of problem created by B,C,D,E and therefore A refused to sell this property to E.
For example from 1981 till 2013 B was never residing in this property and A,C,D were residing in this property and last 15 years only A – plaintiff was residing in this property.
B,C,D forcibly expelled plaintiff from this property and locked said property in June
then plaintiff file criminal complaint and complaint under 145 of crpc to get possession ‘
When complaint was pending under 145 in court E took the possession of property forcibly and all the document executed on the name of B showing F as full owner and B is the only legal heir of Property and it is shown that B is residing in this Property since several years.
Same information was written in sale deed, at the time of making Sale Deed E was aware that case under 145 in respect of this property is pending – enough proof to show that E was aware that. Even government authority aware that case in respect of this property under 145 is pending – enough proof to show that government authority was aware that.
In spite knowing this government authority transfer this property on the name of E with the help of document including sale deed which contain false information when case under 145 was pending and
after that Plaintiff withdraw 145 case and file civil suit.
B is died now & statement of B given to police available in which B states that this property was purchased by F & G .
E is now saying that he negotiated with B in July but it can be proved that he negotiated in April.
1. Is it possible for plaintiff to ask court to declare sale deed and other document executed between B & E as void as they contain false information and at that time case under 145 was pending in respect of this property and defendant was aware that and cancel the transfer of this property and give back possession of property to Plaintiff since plaintiff forcibly expelled from property without following due process of law?
2. Appoint a court receiver to said property till final disposal of the case ?
ajay sethi
(Expert) 28 February 2014
it is necessary to go through the pleadings to advise . learn to summaries your case in few lines . better goo by your lawyer advice
Rajendra K Goyal
(Expert) 28 February 2014
All papers need to be gone through for any advise, please consult your lawyer and in case of need get second opinion.
Guest
(Expert) 28 February 2014
Not so easy for the court to decide in favour of the plaintiff without going through merits of the case or without hearing the other side also.
However, seeking any casual advice may not help you much. You need to consult some local expert by getting the related documents examined thoroughly.
Surrender K Singal
(Expert) 01 March 2014
What right can A prove to demand possession of property in the name of F ?
Sri Vijayan.A
(Expert) 01 March 2014
On going through (plain reading) the message, i am of the opinion that proving of case on the side of A is a tough one.
A cannot blame the government official for registering the sale deed.
However, you are advised to give all papers to a local lawyer and get advised.
krishna
(Querist) 02 March 2014
Than you to all members.
Please suggest a senior lawyer in mumbai
Thank you
