illegal registration

Querist : Anonymous (Querist) 12 November 2009 This query is : Resolved
My mother-in-law has purchased one acre of land in the year 2002 from a person (vendor's father's property) and the land was thereby registered and properly sale deed has been executed and the vendor children also endorsed their signature in the registered deed. Now the same person(vendor) sold the land in the month of August 2009 to some other parties(11 persons) with illegal document and it was registered. My mother-in-law have registered a complaint to the police and as well to the revenue authorities like thasildar, RDO and Collector. No action has been taken so far for the cancellation of the illegal registration. What has to do? Is there any immediate remedial action? If she make an appeal to court, then she has to spend lot of money by sending notice to 11 persons thro' advocate and how long the case will be on?
Meanwhile, the sisters of the vendor in order to rescue their brother from the trouble of second sale, claiming that they have share in their ancestral property after a long gap of seven years. The vendor's father who owned the property had passed away in the year 1995. The vendor sisters have served the notice claiming their share in spite of well knowing that the land has been sold in the year 2002.
Will you please suggest the remedy and how to be dealt?

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adv. rajeev ( rajoo ) (Expert) 12 November 2009
First it is to be looked into that whether the property is of ancestral or self earned property of the deceased. If it is ancestral deceased sisters have got share in the property. If it is self acquired then no share to the sisters.
Your mother in law is the first purchaser they she will have to file a suit for declration claiming that she is absolute owner of the property sold by deceased. Except this there is no other way.
Revenue department or police have no power to cancell the sale deeds of 11 persons , because they claim that they are bonafide purchser.

R.R. KRISHNAA (Expert) 12 November 2009
As suggested by learned expert Mr. Rajeev, I suggest you to file a suit for declaration challenging the subsequent wrong sale deed.

I think if I am not wrong, you may also file a private complaint under section 83 of the Registration Act. In fact I think as per section 83 the registrar or sub registrar can commence prosecution for offences under the act. But I am not sure whether illegally transacting sale would attract the provision of section 83.

niranjan (Expert) 12 November 2009
I am also of the opinion that you should file the suit as advised. Forget about sisters' share for the present.

Querist : Anonymous (Querist) 13 November 2009
thanks for all your timely suggestions.

Sachin Bhatia (Expert) 14 November 2009
i agree with Mr Rajeev

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