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Siddhartha   23 September 2016

Please help me

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 ?


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     23 September 2016

When the property is gifted to him, in what way you are concerned and when courts have already vacated IA  how you wanted to tackle the issue.

Except for cancellation of the gift deed or seeking declaration through Court showing the fradulent acts if any prima facie, you can not expect any other remedy.

Siddhartha   23 September 2016

G.L.N PRASAD SIR,

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.

Kumar Doab (FIN)     23 September 2016

Apparently: The gift deed was valid and registered.

Probably your greivance is that building was fraudently shown as plot, apparently to save charges/duty/fee/tax etc.

 

Show all dcos to a very able counsel for a considered opinion.

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