Property sold with false warison certificate
Ayan
(Querist) 09 March 2023
This query is : Resolved
My Grandmother's Father Have around 200 Bigha of Land.He have one Son and One Sister.
He did not make any will or did not divided land between son and daughter.
Son made a false warison certificate , that he is the only son and have no daughter.
He sold the land different person with that certificate.
We have collected like 5/6 such deed and trying to collect rest of the deed and challenge it to district court.
But my Lawyer says you have to collect most of the deed to fight the case.
The case will mainly for deed cancellation.
The property is of west Bengal
(Comes under Dayabhaga Law before Marriage Sister property Act 2005 also)
My question is
1)Can i file for deed cancellation part by part separate suit.
(say 5 deed per suit)
2)Can i make party or take action against Person who have given false
warison certificate. (Panchayet Pradhan)
3)To cancel a deed , warison certificate , deed is sufficient to fight a suit ?
kavksatyanarayana
(Expert) 09 March 2023
Your queries 1. Can I file for deed cancellation part by a part separate suit? One suit is sufficient. 2. Can I make party or take action against a person who has given a false warisan certificate? (Panchayet Pradhan) ans: as per details given he issued and if any you complain to DPO of your district. (3) To cancel a deed , warisan certificate, deed sufficient to fight a suit? ans: yes.
Dr J C Vashista
(Expert) 12 March 2023
Question-wise answer is as under:
Q 1)Can i file for deed cancellation part by part separate suit. (say 5 deed per suit)
Ans. Single (sole) suit shall be filed.
Q 2)Can i make party or take action against Person who have given false warison certificate. (Panchayet Pradhan)
Ans. Instead of impleading the certificate issuing authority in the suit you are required to file an appeal before appropriate forum / authority for cancellation of the certificate.
Straight answer is "NO".
Q3) To cancel a deed , warison certificate , deed is sufficient to fight a suit ?
Ans. Before filing suit for cancellation of sale deed(s) the certificate has to be cancelled and order to that effect is to be annexed in the suit.
Consult and engage a local prudent lawyer for guidance and necessary proceedings
Ayan
(Querist) 12 March 2023
Thank you Mr.kavksatyanarayana,
Thank you Mr.Dr J C Vashista for your valuable reply.
T. Kalaiselvan, Advocate
(Expert) 12 March 2023
You can file a single suit covering all the properties.
If any other property is discovered at a later stage, it can be added to the suit by filing an amendment petition.
Besides, since the properties sold are not binding on the person claiming partition, the sale deeds executed fraudulently are not binding of her, hence there is no need to get them cancelled, instead you can file a suit for partition seeking partition and an application seeking to declare them as null and void
P. Venu
(Expert) 14 March 2023
Yes, you may file a suit for partition leaving it to the defendants to bring facts on record.
