Illegal mutation & procession, rights on property & title
Querist :
Anonymous
(Querist) 10 July 2018
This query is : Open
Dear Experts,
Kindly suggest me your opinion in the below case. I would like to know the merit of "B". Thank you.
CASE HISTORY :
“A” sold immovable property of agricultural land survey no. 1, 2 and 3 to “B” through a valid registered sale deed in the year of 1983, in the state of Andhra Pradesh.
Later on 1991, by undue threaten force by “A”, “B” agreed to sell the same immovable property to “C” (by threaten of “A” & “C” together). While drafting the sale deed “C” dictated the document writer to mention survey numbers as 1, 2 and 4 (mentioned no.4 instead of actual no.3), and full sale consideration was received by “A” (third party) and the same sale deed was registered with SRO, by signing “A” as 1st party seller & “B” as 2nd parity seller.
FACTS OF CASE :
1. While drafting sale deed, “C” mentioned “A” as first party to the sale deed, signed and registered document accordingly. “B” (legal owner) also signed on registered sale deed as 2nd party.
2. As per registered sale deed, complete consideration received by “A” (ex-owner alone), a third party where he has no legal rights on property.
3. In the said sale deed, none of the sellers have legal rights to sell on survey no.4. “C” wrongly mentioned survey no.3 boundaries to survey no.4 and got it registered with Sub-Registrar (survey no.3 not sold).
4. By fabricating documents and bribing to Tahsildhar office staff, “C” got mutation on survey no.3 (which is not legally sold & not registered in favor of “C”) instead of survey no.4.
5. From 1983 to upto date “B” having EC on his name for survey no.3 along with sale deed. But “C” is having illegal possession of the immovable property.
6. Tahsildhar office staff given endorsement to “B” to approach Civil Court when “B” applied for mutation & pattadar passbook on his favor for survey no.3 (which is illegally recorded on “C” name in revenue records now).
7. With corruption, “C” got mutation and pattadhar pass book from Tahsildhar office without having registered sale deed / title deed for survey no.3.
8. Tahsildhar not verifying the title documents and not doing legal act. He simply endorsing “B” to file a civil suit on “C”. They have given illegal mutation & pattadhar passbook to “C”, by considering “C”s illegal possession.
NOW THE QUESTIONS ARE :
a) Can “B” file a suit for NULL & VOID Contract case for entire sale deed which got registered in favor of “C” (i.e. for survey no.1, 2 and 4) in the year 1991 (around 26 years now), based on the ground that no consideration received by “B”, and “A” have no legal rights to sign the sale deed as 1st party seller & to receive entire sale consideration alone from “C”? If yes/no, under which Act & Sections/Provisions?
b) Can “B” file a case to get transfer mutation & pattadhar passbook in his favor for survey no.3 for which he have update of EC & sale deed in his favor (after 35 years from the date of registration)? If yes/no, under which Act & Sections/Provisions?
c) Can “B” file a private complaint to get the property into his possession which is almost 26years under illegal possession of “C”? If yes/no, under which Act & Sections/Provisions?
d) Is there any supporting case laws for all of the above situations?
e) Is there any other legal remedies in this case in favour of “B”?.
R.K Nanda
(Expert) 10 July 2018
Query too long.
Ms.Usha Kapoor
(Expert) 11 July 2018
Query too long. send brief query which is precise and clear.
Dr J C Vashista
(Expert) 11 July 2018
1. Repeated and too long query.
2. Anonymous author, no reply.
3. Consult a local lawyer, if there is some truth in the story.
R.Ramachandran
(Expert) 11 July 2018
First and foremost, you did not report the matter to the Police about the threat/force used by C at any time - either before executing the Sale Deed or after having executed the Sale Deed.
Secondly, you have mentioned correctly the boundaries of Survey No. 3, though mentioned wrongly as Survey No.4. As you are the owner of Survey No.3 and the boundaries match, you could not have sold Survey No.4, the Court will come to the view that survey number was mentioned wrongly while boundary has been correctly mentioned.
Thirdly, Whether "A" received the entire consideration or "B" did not get anything at all, should have been agitated then and there.
Therefore, at this distant date of 27 years after the cause of action, I dont think that you will succeed if you initiate any legal action now.
Asgher Mahdi
(Expert) 11 July 2018
Your query look assumably on self created hyponthications and both parties are wrong. Better, consult a lawyer to whom you trust more trustworthy and high calibre.This forum is to assists with short queries.
rajeev sharma
(Expert) 11 July 2018
one may not answer such long query where so many documents are referred. consult a local advocate with all record.
Querist :
Anonymous
(Querist) 11 July 2018
Thank you so much for your kind suggestion R.Ramachandran sir.
