Litigation
Guest
(Querist) 13 May 2014
This query is : Resolved
My grand mother has a land in hyderabad which she received from her father and she even has all the original documents of the Nizmas period as to how her father had purchased it from the nizams government in the form of sarkar e asifia stamp papers in which the sale deed was executed in her fathers favour . She also has revenue record,khasara pahani and pahani of the year 55-56 in which the pattedar column features her name along with some tenants in the other column .Those tenants were the khauldars of the said land and annually executed the khaul deed . it was last in 80's that they terminated with us the khaul agreement and and went incommunicado . since my grand father did not used to keep well he very rarely used to visit the land,it was last in 1990's he visited and soon passed away ,my widow grand mother could not visit and check the status of the land due to her old age and responsibilities and i were too young to understand all this. I recently happened to check these papers and visited the site to ascertain whats the real matter and found that the land was fully developed with apartments and villas ,some agent arranged for me a copy of the registered document from the SRO and i realized the signatures of my grand mother were forged to register the property .it seems the descendants of the khauldar have done so ,we even have the original papers of the khaul deed in which their father had acknowledge that he would have no right on the khaul land on the termination of the khaul deed . please guide me .
ROHIT SHARMA
(Expert) 13 May 2014
1. The limitation for to initiate a legal course of action for such matter of fact is 12 years, form the date of dispossession , yet with a few years delay the matter can be litigated with condonation of delay.
2. At the out set your grand mother if she is still alive then the chances of her being out back into possession of such proerty can be litigated since it appears that during 1955-56 the tenants ( the tillers) of such land could have purchased such land from the true owners but it appears that after 1980 these tillers have voluntarily abandoned their possession and hence the land therefore reverts back to the original true owners. If a fraud is suspected then the same can be detected and then the time of limitation then starts from this point of detection of the fraud.
3. You would need to discuss such matter more in details and for that i suggest that you may consider it prudent to opt for further private phone consultation with this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
ROHIT SHARMA
(Expert) 13 May 2014
Dear Mr. Aun Medhi,
1. The limitation for to initiate a legal course of action for such matter of fact is 12 years, form the date of dispossession , yet with a few years delay the matter can be litigated with condonation of delay.
2. At the out set your grand mother if she is still alive then the chances of her being put back into possession of such proerty can be litigated since it appears that during 1955-56 the tenants ( the tillers) of such land could have purchased such land from the true owners but it appears that after 1980 these tillers have voluntarily abandoned their possession and hence the land therefore reverts back to the original true owners. If a fraud is suspected then the same can be detected and then the time of limitation then starts from this point of detection of the fraud.
3. You would need to discuss such matter more in details and for that i suggest that you may consider it prudent to opt for further private phone consultation with this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Guest
(Querist) 14 May 2014
Thank you so much . yes my grand mother is still alive,it is her name that they have formally written on the�registration documents claiming it to be her signature , and that her original signature is far different from that they have done. As the land was purchased by my grand mothers father , half he gave to his only sister (issue less ) and half to his only daughter therefore technically the other half also gets reverted back to my grandmother. They have also stated in their registered sale deed that my grandmother is the pattedar and she was also in peaceful possession of the same . This forged sale deed was registered during 1996 .
P. Venu
(Expert) 14 May 2014
If the property had been developed on the strength of forged signature, then you can file a criminal case.
However, do not jump to easy conclusions. the tenants could have become legal occupants because of the reforms in various land laws, esp. 'Land to the Tiller' policy.
Prima facie, your family have in slumber for over a decade. Pl. note that delay cannot be condoned in a civil suit.
Rajendra K Goyal
(Expert) 14 May 2014
Consult a local lawyer and show him all the papers.
ajay sethi
(Expert) 14 May 2014
contact local lawyer and file suit for setting aside sale deed . fraud vitiates the sale . if grand mother signature has been forged and fraud has been discovered only no your grand mother can move court for setting aside the sale .
Sankaranarayanan
(Expert) 14 May 2014
i do agree with experts initiate immediately
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
I agree that your grandmother can initiate legal proceedings to declare the alleged fraudulent sale deed as null and void and for possession of the property from the encroachers/land grabbers. She can even lodge a criminal complaint with the anti land grabbing special cell of police under the offence of land grabbing. Contact a well versed lawyer and proceed appropriately in this matter.
Guest
(Querist) 14 May 2014
dear experts , the matter is we seldom visit Hyderabad ,and we want to get rid of this issue at once but legally ,can we handover our right to some XYZ against considerable monetary benefits ? if so how ?
