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2 years ago

My father purchased 3 acres land in one survey number of total 12 acres extent..
Now someone did fake and using our previous owners land documents re-registered our 3 acres and planned layout there and started selling plots ..
On asking they are showing our land as backside. Actually our land is the same where they planned layout..
We don't have previous survey to prove that.
All we have registered sale deed and previous owners passbook .

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Dear Sir/ Madam,
File a petition in the civil court for setting aside the fraudulent registration, make that person and the venture person a party to the suit. Court fee varies from state to state. However, the stamp duty is determined as per the rate of the property.
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Anik

Responded 2 years ago

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A.Dear Sir/ Madam,
In this case, you should immediately approach a competent court, and seek legal consultation from a legal representative since no registration would be facilitated based on the fraudulently registered document
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Get your land surveyed and immediately approach civil Court and also revenue department and get stay order on such false claims made by such person. Otherwise he may create false sale deeds with false boundaries.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on the part of your father to apply for Certified copy of those Sale Deeds from the concerned property registration office and to file Civil Suit for Cancellation of those Sale Deeds on the ground of fraud and specifying therein his reasonable apprehension that such Sale Deeds will cause serious injury to his right,title and interest in respect of his land properties.

Section 31 of the Specific Relief Act, 1963 provides how and when cancellation of an instrument may be ordered.
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the Court may, in its discretion, so adjudge it and ordered it to be delivered up and cancelled.

(2) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the facts of its cancellation.
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