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Neeraj (NA)     02 April 2014

Fraudulent transfer of property

My mother Mrs. Laxmi W/O Mr. Vishnu (not the actual names) purchased 3-acres of agricultural land in a village near to our native village in 1988. Then in 1995 an old lady impersonating as Mrs. Laxmi wrote a will in favor of her son (Jeevan) and few months later Mrs. Laxmi was declared dead (btw, with god's grace my mother is still in good health) and the land was transferred to Jeevan. My father came to know this in 1998 and a case was filled in court of Tehsildar. In 2002 Tehsildar found that the land was transferred to Jeevan by fraud and he ordered to transfer back the land to Mrs. Laxmi W/O Mr. Vishnu. However, the fraudsters were so strong that we could not get our land vacated and Jeevan's wife (Reena) claimed that her second name is Laxmi and Jeevan's second name is Vishnu, so they are the actual owner of the land (Obviously they do not have any documents to prove their claims). We knocked the every possible door of administration to help us but nothing happened. So to settle the matter, In 2005 my father (Mr. Vishnu) purchased back 1.5 acres of land from Reena (however in registry papers she declared herself as Laxmi). The problem is that now (Since Oct 2013) Jeevan is claiming that he is actual Mr. Vishnu and the land belongs to him.

Since then we have written numerous letters to district magistrate and police department, however they have not done anything.

Is there anything we can do through courts to claim our entire land of 3-acres??

Our biggest concern is that since my father purchased back 1.5 acres of land from Reena (thus accepting her as Mrs. Laxmi) we may not have a strong case in court to claim back other half part of the land!


Kindly advice!!

 

Thanks!


 



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     02 April 2014

The blunder mistake made by your father was to buy back his own land from the fraudster 'Laxmi' knowing it very well to be an illegal transaction.  However, you may be having a copy of the Tahsildar's order reverting the land back to your father, on the basis of that he can file a suit for eviction/dispossession of the encroachers who have illegally occupied your property and for an injunction as well.  What is your lawyer opining, hope you have already contacted one by now?

1 Like

Neeraj (NA)     02 April 2014

@ Mr. T.Kalaiselvan

 

Yes! we do have the copy of order issued by Tehsildar. However as you mentioned that my father did the blunder of purchasing back our own land.

 

Other local lawyers whom we consulted have the same opinion that since my father purchased back a part of land from the fake Laxmi, now if we go to court then they will use that registry as evidence to prove their claim of being the "correct" Laxmi and Vishnu.


On the other hand, they do not have any legal document to prove that their legal name is Laxmi and Vishnu. In the revenue records they are Reena and Jeevan, their ration card has names Reena and Jeevan and even their voter id card has their name as Reena and Jeevan. Nowhere else they have any legal document to claim so. However, the only thing going against our case is the repurchase of our own land.

Is there any way to overcome the obstacle created by the repurchase of our own land? We have all the documents of purchase in 1988, almost all the khatuni's from 1988, etc.

Please advice!

Sanjay Gautam (Advocate)     03 April 2014

It is a Big Mistake to repurchase your own land from the fraudsters. however now you try to use it  as a weapon to get evidence against the fraudsters. Like what supporting documents they provided to you when selling those land to your father and what ID copies etc. you need to arrange the time sequence in a way to prove this transaction as evidence against the fraudsters.

On point to proceed. Ld. Friends already advised you to move a civil court for declaration and injunction. also lodge a criminal complaint for cheating and forgery in a police station. 

1 Like

(Guest)

Will you at least let me know the reasons as to why your father re-purchased his own land. There must be reasons and the solution will come out of it. In my opinion, there are some hidden facts and if you meet us personally, we will certainly reach to the crux and if you dare to speak the truth, I am sure to get you the justice, come what may.

1 Like

Neeraj (NA)     03 April 2014

@ Mr. Sanjay


Thanks for your advice. Is there any relevant judgement of Hon'ble High Court or Supreme Court?

Neeraj (NA)     03 April 2014

@ Mr. Sanjay

 

Thanks for your advice! Is there any relevant judgement by Hon'ble High Court or Supreme Court?

Neeraj (NA)     03 April 2014

@ Mr. Raminder

 

No! There are no hidden facts! The only reason my father repurchased the land was that we could not get the land vacated and as a compromise a portion of land was repurchased. Had there been any other reason I would have mentioned it. I fully understand that hiding any information will not help me in any ways.


 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 April 2014

You father by re-purchasing the property from the fradulant persons has recognized them as original persons so now question remains is to get the possession of the purchased property by filing the suit for possession. 

Sanjay Gautam (Advocate)     15 April 2014

@ Neeraj, What I had suggested is on the facts of your case. Past Judgement would only help once you take a plea but every case is different and you can not rely on judgement only. there are contradictions in judgement also so case need to be contested only on facts available but not on past judgement. 


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