- This topic has 55 replies, 29 voices, and was last updated 1 year, 2 months ago by
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CMy father purchased a land from Mr X in my mothers name way back in 90s. Somewhere around 2015, my father gave the originals sale deed to some an acquaintances(The acquaintance said he has a buyer for the land and wants to verify documents. Ideally my father should not have given this. But unfortunately he had a moment of weakness and trusted the acquaintance). After this the acquaintance ghosted my father. Did not pick up his calls. Once my father realised he has lost the papers, he filed an FIR, made advertisements on newspapers and got the duplicates made.
To be on the safer side, he also transferred the land from my mother to himself through a gift deed.
Now suddenly out of nowhere Mr X(from whom we purchased the land in 90s) reappears and claims he has the sale deed and my mother re-sold it to him in 2012 but it is yet to be registered.We have been paying property tax, have built compound to the site and have been maintaining it.
We have challenged him in the court and awaiting his reply.
My question is – what are the possible steps he can take to capture the land considering he has the sale deed. -
Nhe cant. since you have taken all the necessity measures like he filed an FIR, made advertisements on newspapers and got the duplicates made, court will do the needful in your side.
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DHis best bet is to keep dragging the case so you cannot sell it to anyone and he may also try to take possession of the land himself then it would require a lot of paperwork to remove him .
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NI dont understand how he will take the possession of the land where the sale deed is in your fathers name? and the present documents tax receipts are all in your father’s name?
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DThis would be his best bet. If he forcibly takes possession, op would have to file a motion to get him removed. He can file counter cases and may even seek help from local police. He may even demand money to settle the matter. This is how land sharks function.
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CTax receipts are in my father’s name. All the documents are in my fathers name including the Khatha.
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CWhatever you do, do not under any circumstances allow him to forcibly occupy your property. Once that happens, you’re; for lack of a better word, fucked
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NIf he forcibly enter your property you can file trespassing on him !! Whatever may be the situation every illegal act by him is a legal way to deal with him
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CYes, in theory. All I’m saying is, this guy is clearly experienced with this sort of thing. He’s going to try every tactic in the book. OP needs to cover his ass
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QTax receipts can be in anyone’s name.
I could pay for tax receipts in your name and it wouldn’t matter.
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NTechnically you can pay but the tax receipt will be still issued under the property owner. Just because you pay the tax receipt on someone else doesn’t confer ownership rights or any legal claim over the property
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QExactly. My brother rents a property where the landlord is not paying municipal taxes. The municipal corporation is threatening to seize the building or asking the tenants to pay the tax.
Why should my brother pay the tax on the landlord’s behalf?
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NGo through the rent agreement. There will be a clause mentioning about paying of taxes. Even we have a rented a property and the license is issued to run the business on our name. Now we give rent to landlord and tax to Panchayath. That’s how it works. I don’t know under what circumstances municipal is threatening if the taxes a duly paid
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CHow long can he drag the case? We are not in a hurry but an approximate timeline would help us be prepared.
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DHis aim for dragging the case is different. While the case is pending, if he manages to illegally gain possession, he may demand money to settle the matter. After this he may try to illegally sell the property to another person and repeat the process .
Land mafia are available everywhere and act in similar ways .
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S+ file a FIR for extortion, fraud and cheating against him since he fraudulently cheated your father out of his property papers and is later using them to extort money
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Dwhat year is the gift deed through which your father transferred the land to your mother, cause if the gift deed is after 2015, then how come your mother resold the land to Mr X in 2012.
Also an unregistered document for transfer of property holds no legal sanctity in eye of law, at best Mr X can file a suit in court, but it is unlikely to succeed.
for now you should contact the police as you had already registered an FIR and ask them to take action against Mr. X.
you do not have to leave your home or anything, but if you want you can file a suit for injunction against MR X , contact a lawyer.
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CThe gift deed was carried out in 2017.
Mr. X claims my mother gave the sale deed and took money but the registration to be done on a later stage(which is a lie).We have file a suit for injunction against Mr X and awaiting his response.
My worry is – is there any grounds on which he can claim the land considering he has the original sale deed.
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GMere suit for injunction is not enough,
But you need to file a suit for declaration, declaring that property is your mother’s and also relief of consequential permanent injunction restraining the defendant(X here) from interfering with your peaceful possession of your property.
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Dmost of the burden of proof is on MR X, they already have a registered gift deed in their favour , so no reason to go for suit of declaration, they should let X file it and proof his own case. that’s what i feel.
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PWhat is selling without registration , it’s nothing but verbal agreement and doesn’t hold in court unless he has the cash transaction details to show for .
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PHe can’t do shit with the document
The document has already lost its value since a duplicate was made and the property has been transferred to someone else.If he claims ownership, he should present the sales deed which your parents signed and transferred to his name. The court and police will do their thing, Amen.
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II dont understand how people can do such things. Good for nothing scumbags.
Only thing this guy can do is harass you. Whenever you try to sell this land and he gets to know he will try to create doubts in the buyers mind and even though your papers sound like they are all right but when buyers see a mad man with the original papers making wild claims it can dissuade them.
His goal is to be paid off but fuck that. I say let him bark. To be on the safer side, engage a lawyer just so he can help in minimizing the harassment and safeguard you from all possible angles.
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CNuisance value. He is looking to get some money out of this knowing that once he has claimed title to the property, anyone who would want to purchase it from you, will be deterred and you will not be able to sell the property.
I am just wondering what have you filed to challenge his claim? Was there a need to do it?
He has a very bad case, but such suits take awfully long time to get decided, and that is what he is counting on, for you to come forward and settle the matter, where he gets some money.
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