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Author Topic: cheatingly registered agriculture land  (Read 1294 times)

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Offline sureshnlr

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cheatingly registered agriculture land
« on: August 30, 2015, 01:48:57 PM »
My aunt brought 6 acres agricultural land 25  years back in andhra pradesh through sub register office and the same was sold to me 3 years back by my aunt through sub register office . As the rates of the land increased Now the person who registered the land to my aunt is saying that the land belong's to his mother and also filed a civil case on me {skipping her son and my aunt} saying that  the land doesnt belong to her son and he didn't sold the same. He has more than 20 acres in the same village. who is the better person{ myself or my aunt } to file cheating case for wrong registered ?  can we { myself or my aunt } file any case on his land { which is more than 20 acres} for compensation ?

Offline adv.amarnath

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Re: cheatingly registered agriculture land
« Reply #1 on: August 30, 2015, 07:25:11 PM »
As per the recent judgement passed by the Calcutta High Court as well as Apex Court, previous Deed of Conveyance will survive. You should have caused Proper Searching before all registry offices, BL and LRO or Zila Parishad and courts. You should have made a Non-encumbrance Certificate from a lawyer.

Now, the situation which you have narrated is very vital and serious. If it is found that the property which the person is claiming is still the owner solely on that occasion you Deed of Sale will be cancelled subject to technical points or exceptions. If it is found that the person who is claiming to be half owner of the property then you will be declared as half property owner along with that person.

Now no criminal case can be brought at this stage cause your aunt is no more owner of that property and you have purchased it from her. So you cannot file a criminal case against your aunt (as she did not cheat you) or that person who sold to your aunt (as you are not directly linked with him). During the period of ownership of your aunt, she can lodge a criminal case against that person. Now it is too late.

Please keep it mind that without going through all the documents, specially in case of Civil Dispute, no legal or proper advice can be given exactly.

« Last Edit: August 30, 2015, 07:28:50 PM by adv.amarnath »

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