Illegal sale of land as gift ancestral
Seshagiri Viswanatha Rao
(Querist) 25 April 2010
This query is : Resolved
Sir
As illegal sale of land transactions have taken place on the landed properties of late father the original document of father has been fabricated/created in connivance with the local residents late father expired in jan 1987 and mother in 1992 we are absolute living brothers and sisters the title deed is in favour of late father only His document has not been quoted as Link Document in subsequent sale transactions My late father has not gifted any portion of his land to anybody including his own legal heirs during his life time when the sale transaction took place between my late father and seller it was categorically executed and indicated in clear terms by the seller in the document slemnly declared thatshe was sole absolute full and absolute owners of lands. She further afirmed that property was her self acquired property and is free from all encumbrances like mortgage gift covenant lease charge attachment injunction prohibitors order litigation and indemnified against loss which vendee may sustain in future due to any claim against the plots the seller undertook to defend the title of the purchaser through a court of law with damages/costs in case of defective title All the genuine and valid supporting papers including encumbrance certificates etc were furnished to the SRO concerned but there is no response till date It is requsted kindly quote amy supreme high courts in respect of registration of gift deed settlement illegaimed by the land grabber
Thanking you
s viswanatha rao
Raj Kumar Makkad
(Expert) 25 April 2010
Who has been shown gifted him such property?
Uma parameswaran
(Expert) 25 April 2010
If the living brothers and sisters have doubt about the creation of Gift and the signature,They can approach the Court through a Civil Lawyer with appropriate documents.They can also file criminal case.Last part of the querry is not clear.
Seshagiri Viswanatha Rao
(Querist) 25 April 2010
Sir
Thank you very much This was reply furnished by the SRO under RTI Act and subsequently furnished computerised copy of landed properties late Father's land document was typed one whereas the copy furnished by the SRO was computerised one SRO has also furnished handwritten copy of documentof late father It was informed by the Sub Registrar under RTI that as gift settled deed was registered in favour of the present land grabber in which he had declared as gifted/ancestral while changing in favour of his wife but he is not the absolute legal heir of late father(the land grabber has indicated/executed the deed as gift on the grounds of ancestral property which absolutely untrue due to the fact that late father has already expired long backin the year 1987. These subsequent transactions have taken place without the sale deed number of father's document in the year 2001 However the original title deed registered in favour of late father is still with us as on date As indicated earlier during his life time he gift any part of land to anybody else including his own legal heirs we licing heirs did not authorise anybody to deal sale transactions on our behalf
Raj Kumar Makkad
(Expert) 25 April 2010
In the given matter, it is a fit case for filing FIR under sections 420/467/468/471/120B IPC against such land grabbers plus all those persons who have identified your father and registration authorities. Civil action seeking setting aside all transactions should be initiated simultaneously with stay order of alienation.
Seshagiri Viswanatha Rao
(Querist) 26 April 2010
Sir
Very kind of you for spontaneous and immediate response I shall be highly highly obliged if you could kindly tender your considered advise prior to filing a criminal can a joint complaint can be lodged from the first absolute living heir and others to the vigilance and enforcement wing of the department for obtaining its report under RTI which of course will be additional weightage All the supporting and valid documents of father including death certificate of parents were furnished to the SRO concerned about three back months back but there is no response from him till date
Thanking you
Sincerely
s viswanatha Rao
