Mutation is pending due to fraud

by | Sep 20, 2015

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Question asked on: 20/09/2015

Dear Sir, My Father has bought a sellable area or Land 2 years back.My Father has all the documents like sale deed number and he has all the registered documents received from Court .He has requested for Mutation in Block office in Jan or Feb 2015.

After sometimes someone able to manage some fraud papers without any sale deed or any relevant documents and he approached to CO. Because of this issue mutation is still pending.

Now my question:- Is it possible for some one to take my property without showing any sale deed or by showing fraud written letter in which no sale deed number available? What action should we take against them? Thanks

Advised by: Mr. Shivendra Pratap Singh, Advocate

It may not be possible for someone else to claim right in the property which has been legally sold to another person. First you should file FIR against him under section 420/467/468/504/506 IPC for committing fraud and criminal intimidation. 

You may file declaratory suit for declaration of your title in the property and make him and previous owner of the land as opposite parties. Let him give a chance to adduce all the evidence before the court regarding his claim in the property. If he has genuine documents then he will appear otherwise he somehow manages to escape. 

If previous owner of the land had committed any unlawful act like took money from him and signed any agreement of sale or other documents (however all those documents cannot give title in the property except sale deed) then he will be exposed in declaratory suit. You may initiate legal action on the finding of above mentioned provisions.

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Shivendra Pratap Singh

Advocate, Lucknow

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