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Siddhartha   24 September 2016

How to cancel a fraudulently executed sale deed ?

enlightened

Sir, My uncle had fraudulently sold my granfather's property which was gifted to him along with building structure, stating it as vaccant land in the sale deed and the builder who purchased the same, demolished our common house building, and other structures of the house and raised new building by getting approval from the BDA authorities fraudulently and while the cases are being pending in the lower court, the builder again sold that property to another person because the I.A of all lower courts are vacated and now the third owner is again raising new construction by bringing new approval.How to make a stay for the construction going on and how to challenge the fraudulent sale deed ?


At the time of the execution of gift deed the presence of house building and its valuation was mention but when my uncle sold the land along with the building property, he mentioned it as vaccant land to avoid the court fee fraudulently and after purchasing the builder demolished the common house building in a forceful manner without any concern authorities permission including the common boundary wall  and common roof and my uncle and the builder are bailed out from the upper court for this criminal attitude and the police also has given the 1.C.C case report that the builder demolished the common house and building roof after the execution of the sale deed between my uncle and himself. And now to escape from the situation he sold the same to another person and the person in a hurried manner making construction to occupy the same with the help of new sale deed and new construction permission.

 



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     24 September 2016

Member should remember that posting one query again and again every day serves no purpose and is against the discipline of the forum.

 

dr g balakrishnan (advocate/counsel supreme court)     24 September 2016

Karnata people by nature have a great 'dna' of how to cheat, so your 'uncle' is no exception. He just misused the term of 'gift'  by grand father; 'building on the land might be sone kutcha hose in the modern parlance, so builders would have advised him how to demolish the structure; and the 'gift' grants your uncle alienable right of the property, that way he sold to builders, (like builders handle re-development of buildings'), it is next to impossible for you now to prove 'fraud'; as you did not take action when he demolished the building on that land.

 

that way, i have seen a lot of such Bangalore properties are being handled knowingly or unknowingly. if you do with knowledge, God also cannot save you.

 

same tactics now Karnata govt has done in Covery water distribution to lower riparian states just flouting hon SC order, but anyway karnata govt might lose the battle as it even had the temerity  to flout the SC interim order a sub judice order.

You are a normal citizen there in karnataka, there you have over clever peopleare there like your uncle. Problem is you have to see how much financial muscle you have to fight the protracted battle to prove your uncle 'defrauding idea'. If you have ability try and see if you can put up the fight.

 

1 Like

Kumar Doab (FIN)     24 September 2016

Mr. Prasad is right.

Pls don't repeat.

Siddhartha   25 September 2016

Mr.Prasad & Doab don't get personal to others querry, i am from orissa and i am asking help in the forum of lawyersclub india @ why u both are answering me like my enemy @ r u so cheap proudy people in this forum ?

G.L.N. Prasad (Retired employee.)     25 September 2016

Every thing is open for the members to decide.


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