property sold through fraud
kanti kumar
(Querist) 16 April 2010
This query is : Resolved
There are three party A ,B and C firstly A sells the family property by committing forgery to B without knowing by B that the said land was transferred through fraud then again few years later B transferred the land in favor of C and till now land currently with C, then few years later A's family member not living with A came to know about the fraud can he make the complaint in police , and in this situation who is the legal title holder and what will happen to B and C are they not the legal holder of property as the sale is voidable at the first transfer itself....
c n vittal rao
(Expert) 16 April 2010
The basic rule for transfer of title is
you cannot give a better title than you have.
Therefore, neither B nor C get a valid title.The only remedy available to B and C is restitution of consideration. However, limitation may modify the above, for example, the original title holders may be estopped from claiming title by virtue of laches. That is, his/their right to a remedy through courts may be lost.
Raj Kumar Makkad
(Expert) 16 April 2010
Definitely the legal heirs of A's predecessor in interest after coming to know about the fradulant transfer of the property can litigate criminal as well as civil action against A, B & C.
B & C can take the plea of bonafide purchasers during the civil litigation.
kanti kumar
(Querist) 16 April 2010
can the transfer be reversed back to A with the help of civil suit for partition among the legal members of A which were deprived by there legal share which were sold and then A be prosecuted by B and C under criminal case..
Bobby Mani T
(Expert) 22 April 2010
The transfer can be reversed back to a if you are able to satisfy the court that the transfer by b to c is without the knowledge of A. That is A has no knowledge of such a transfer.
