Fraud sale deed reg
JEGADEESAN
(Querist) 04 May 2014
This query is : Resolved
Dear Sir,
I wish to clarify doubt regarding Fraud sale Deed.
Mr.Raman bought a property in 1963 & he died in 1997.He has 5 Children (3 Female+2Male) Namely A, B, C , D ,E .After that one of the son(C) sale his share of property but he has got the sign from other persons in the sale deed with the intention of cheating others(i.e. create the sale deed like all of them sale the land jointly).Further this issues has been noted by the legal heir of Other person's(A, B, D, E) children(Grand Children of Raman) & bring to the case to the court.
a)Now what will be the judgement?
b)If there is any rights to the grand children of Raman (other Four Person's Children)regarding the sale of land?
i.e. Is it require the sign of grand children also while they are major at the time of Sale Deed execution?
c)What will be the judgement if the Buyer of the Property explained in the court like the amount fully given to the one person (Son-C)& get the sign from others for safe?
Kindly Clarify the above doubt.
sivakumar.k
(Expert) 05 May 2014
if all of them filed suit for partion of their shares after the death of their fathers respectively, they can succeed
Rajendra K Goyal
(Expert) 05 May 2014
If the other legal heirs i.e. A B D E are alive? Whether any will existed?
When the land was sold under forged signatures and whether the sale deed was challenged.
Consult a local lawyer and show him all the documents.
Sankaranarayanan
(Expert) 05 May 2014
better to approach local lawyer with all related documetns
JEGADEESAN
(Querist) 05 May 2014
No.Only 2 persons(A & C) are in alive & other 3(B D, E) people passed away.
Out of the three two has expired after execution of sale deed(B, E) & one before execution(D) .Hence one of the legal heir of D signed in the sale deed.(Actually she has four children but her elder son only signed the document with simply mentioned his brothers & sister's name in the sale deed).
In this situation is the any chance to get the share of D 's legal heir who has not signed in the sale deed?
If there is any will available whether it should be mandatory registered?
P. Venu
(Expert) 05 May 2014
Who is in possession of the property? Is the sale deed registered?
JEGADEESAN
(Querist) 05 May 2014
Yes. the sale Deed registered in 2005 & also the buyer has got the patta in his name.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
The property is reportedly a self acquired property of Raman who died intestate leaving behind his legal heirs A,B,C,D & E to succeed his estates. Now as per your version, C has sold his share of the property as well as others share by forging their signatures in the sale deed, right? If it is so, it is a fraudulent act punishable under criminal law and the said sale deed can be declared as null and void through a civil suit by other entitled heirs.
Now to your questions:
a)Now what will be the judgement?
Wait for it.
b)If there is any rights to the grand children of Raman (other Four Person's Children)regarding the sale of land?
i.e. Is it require the sign of grand children also while they are major at the time of Sale Deed execution?
The so called grand children being the legal heirs of the deceased legal heir of Raman, can seek their respective shares of the share of the deceased person's entitlement to a share in Raman's property.
c)What will be the judgement if the Buyer of the Property explained in the court like the amount fully given to the one person (Son-C)& get the sign from others for safe?
Why do you insist about the judgment?, The buyer should have consulted a lawyer and taken his opinion before buying the property, so let him make his own grounds for claiming his money or property.
