Double registration
Jagadeesh
(Querist) 01 March 2016
This query is : Resolved
Respected Sir,
1) In 1977 , G.ApalaSwamy has given 1acre as register gift dead to his granddaughter N.Kannnama but in his gift dead he has mentioned , the property will be enjoyed by him until he survives and after that N. Kannama can enjoy the property but should not sell it .The children born to Kannama can enjoy the property and sell it as well.
2) In 1989, N. Kannama sold the property to Rayudu Subba Rao and mentioning her 3 children (minor names) and her husband signature .
3) In 1997, Rayudu Subba Rao brought LP NO 156/97 for this acre and divide the site into 14 plots and he sold only 4 plots( .between 1997 and 2000.
4) In 2006 , P. Dharma Rao has failed case against (OS no 591/2006) N. Kannama that he is growing vegetables etc in her 1 acre and her 4 children (majors now) has given agreement to him in 2003 that they will sell the one acre to him when needed but they are not selling the same. Things have been settled by elder between N. Kannama and her children and they agreed to register the land to P. Dharma Rao .
5) But Kannama is 7 children now three are minors and 4 are majors . so N. Kannama has approached court that she has difficult to survive and need to sell the land and she has decided to sell it for 7 lakhs .
6) Court has approved it and asked her to deposit three lakhs as fixed deposit on three minor names and provided the receipts to court, they have provided the same and court has given orders to sell minor property .
7) In 2006, N.Kannama has filed another case that the sale dead of 1989 mentioned in point (2) is not valid she was not aware she is signing the sale dead ,she thought she is executing mortgage for the amount she barrowed and it is also minor property .
8) In 2007, N.Kannama and her three minor kids and 4 children has given GPA to P. Dharma Rao for there one acre.
9) In 2008 , P. Dharma Rao sold the land to me as plots ( plot no 38,39,45,46) total 806 sqyards but he used the LP NO 156/97 mentioned in point 3 above . Fortunately or unfortunately , Rayudu Subba Rao did not sell this plots to anyone.so when we take EC for the same only our name is appearing from 1983 to till date .
10) In 2008 , he sold remain 10 plots to some other person (D. Krishna)
11) In 2011, The case filed by N.Kannama in 2006 mentioned in point (7) has been dismissed because if the sale dead is an issue the children of the N.kannama has to file a case with in the limit of 3 years they become majors but not N.kannama and also N.Kannama and lawyer did not deal the case properly since it is already sold in 2008 to us.
12) In 2011, 4 people went to court they are the site owners of the plots sold by Rayudu Subba Rao mentioned in in point (3) and they got injection order main reason is none of them from N.Kannam attend the court they are set expert.
We are not related to this plots but they are in same LPNO and in the same one acre.
13) In 2015, D. Krishna mentioned in point (10) has sold his 10 plots to ex.MLA to low cost knowing the dispute.
14) In 2015 December, I went to see the land and I kept boundaries and a board in my site ,couple people approached to me when building the wall I told them this our land they went silently .
15) In 2016 February , they removed my board and made call to me . The mentioned they are legal hires of Rayudu Subba Rao it is there land .
16) It took couples of days for me to go there since I am non local and after going there and sitting with them and I saw there documents I came to know the entire issue.
Point (1),(4),(5),(6) and (8) are clearly mentioned in my sale dead and link documents .
They have hidden other points
Can you help me to know from where should I start now?
On whom should I file case? Should I file 420 case on P. Dharma Rao ,N.Kannama and her children for doing double registration ? will I get my land or money back ? if yes ,to what extent current market rate ?
Should I convince N.Kannama children to go to court and cancel the registration done in 1989 , will it be valid since it crossed the limit ?
What about the court order brought for minors is it valid ? since the court gave orders to sell the minor property .
Dr J C Vashista
(Expert) 03 March 2016
Too long a story and not a query, be precise if you want to avail services of experts on this platform otherwise consult and engage a local lawyer.
Rajendra K Goyal
(Expert) 03 March 2016
Show all related documents, discuss with some senior lawyer in view of local land laws and otherwise.
