Refusal to register land
2 years ago
Sir in 2009 my father bought a piece of land from my uncle i.e.my father's elder brother and had given him the cash in instalments which completed in 2009.My father even built rent houses on the land after getting permission from the Town committee.Also a declaration on a 'kachchi daleel' was made by my uncle regarding the land that je has sold it to us and that his wife amd heir cannot claim it.The daleel was signed by him on revenue stamps and two witnesses also signed it.Documents for the land registration was also ready.However on the day of land registration as my father had to rush to his office for some work and he trusted his brother blindly he gave him 30000 for the registration and asked him to be present alone in the registration office.But my uncle did not register the land and ate up the 30000 rupees.When asked by my father my uncle gave an excuse and said the registration will happen anytime and not to worry. Days went by and my father who was a diabetic expired in 2015.My uncle too expired in 2020.Now his 2nd wife(as my uncle's 1st wife left after their separation but they are not divorced legally) is not willing to register the land in our name and has been claiming the land as theirs(she has a minor son and daughter).Moreover she has issued PAN and Voter IDs in my uncle's 1st wife's name by fraud.Please help us.
As per the facts which have been provided, if you have the proof of making payment for the land by your father to your uncle then that can be a good defense in the court. You can consult an advocate and file a case in the court regarding this matter.
Hope this clarifies your query and requirement.
Thank you.
You may approach Police to close the matter in a short cut way otherwise you have to file a suit for declaration seeking declaration of ownership as your father had paid full consideration amount.