Fraud registery of plot
nidhi
(Querist) 31 May 2017
This query is : Resolved
my father had a plot in his name n they mortgage it for ten years to a person...now mortgage period is over n they again mortgage it to another person but that person by fraud make registry of ten lakh in his name...now he is denying that it is my plot as u have sell it to me...he has given only rs ten lakh for the plot but its actual value is about 50 lakh...he by fraud transfer my father plot in his name n now threatning that u cant do anything as registry is on his name...my father is helpless...
What should my father do now to take his plot back from him??
Plzzzzzzz suggest..
Kumar Doab
(Expert) 31 May 2017
The owner or person that is vested with powers by owner to sell, only can sell.
Did your father sign any document say POA?
Kumar Doab
(Expert) 31 May 2017
ASAP approach a very able senior local counsel of unshakable repute and integrity specializing in revenue/civil matters with all docs that you have for a considered opinion and proceed further under expert advise of your counsel.
Sudhir Kumar, Advocate
(Expert) 01 June 2017
one has to see papers for forming a clear view. Meet a lawyer immediately.
Dr J C Vashista
(Expert) 01 June 2017
The poetic vague statement with so many ...and...implied it to be a hypothetical query without any truth.
However, if it is a true story show the documents to a local lawyer for appreciation of facts, documents, proper guidance and proceeding.
Kumar Doab
(Expert) 01 June 2017
Agreeing with Mr. Sudhir Kumar, Mr.Rajendra K Goyal, ASAP visit local counsel with all relevant docs on record, for a considered opinion and guidance.
Guest
(Expert) 01 June 2017
See if he has transferred your father plot in his name , then for me it is not rare case , any thing can happen in land record dept. Land and Revenue dept is considered most corrupt dept at least in my state.
See land revenue is state subject so every state has his own method of maintaining records ,mutation etc. additionally they maintain file of each survey no. etc, you get all papers in that file , additionally if without consent any clerk or peon has made entry without passing of appropriate order of officer concern that also can be case.
This all cases land revenue adv. can check very well , then either you need to appeal against that order if your state has appellate authority under land revenue code or take necessary steps to remove all such wrong entry immediately.
At least in my state Maharashtra various High Court Judgement have concluded that land records are indication that who is owner of that land , but that does not make him owner of that land if it is done wrongly /fraudulently etc.
Eg. means tomorrow if land record state state secretariat is some xxx private property then it won't be considered private property unless until that person is indeed able to prove to Hon. Court history of land etc. how it came to him and all details thereof.
So if he comes with even registered papers , stamp paper , or land records it does not make him owner.
BUT YOU NEED TO TAKE IMMEDIATE LEGAL STEPS APPROACHING APPELLATE AUTHORITY /COURT ETC. ELSE WITH TIME (DUE TO LIMITATION ETC) AND FURTHER COMPLICATION YOU MAY INDEED LOOSE THE LANDS TITLE
