I have 116.5 decimal agricultural land in name of my late mother in Jharkhand which my late mother purchased on 1967 and mutated on 1970 and continuously paying rent till 2017 and land is in my possession. But somebody is claiming that he has purchased 152 decimal land from my mother in 2002, mutated in 2003 and also payed rent on 2014. On verification we found: 1. Sale deed executed on 152 decimal where as available land is 116.5 decimal.is this acceptable? 2. Also opponent party done mutation for 152 decimal and also given rent for 152 decimal.is this acceptable? 3. opponent party original sale deed copy (deed no. 203/2002) and the obtained certified copy of sale deed (deed no. 203/2002) from registrar office found different in content in second page and position of seller signature found different(original copy seller signed in appropriate place and in certify copy signatures of seller in bottom of every page), is this acceptable? 4. witnesses address not mentioned in opponent sale deed. 5. That time tahsildar has signed in witness in opponent party sale deed. 6. In opponent party sale deed our sale deed number even not mentioned. 7. And lastly my mother is uneducated and not signed in any document ever, but after her death how would i prove. We have done petition in court of DC to cancel his forged sale deed, please suggest.
You just be in the possession, no one has the right to displace you from there.
If they come and try to do the same then please file a police complain against them.
And let them move before the court, let them file a suit against you where you fight and for sure you will win.
Good Luck
1. This is not acceptable, sale can be made for that portion which one posses.
2. This is not acceptable.
3. You may then challenge the same being fraud.
4. This also becomes a ground for challenging the sale deed.
From the facts as told by you, claim that the said sale deed is a fraud and the title can not be decide on the basis of the same.
You may go through the judgment available at following link and see if it fits your case or not OR has any relevance for you:
https://indiankanoon.org/doc/1353917/
Thanks and Regards
1) it has to be proved by you that sale deed is forged
2) mention that land owned by mother is 116 .5 whereas on sale deed it is mentioned as 152 decimal
3) that signature of seller has to be on bottom of each page
4) that mother was illiterate and did not know how to sign
5) mention that your family are in possession of land for last 50 years
6) that sale deed recitals does not mention about purchase of land by mother in 1967
7) also file police complaint against purchaser fir forgery , cheating , fabrication of documents
Immediately file a declaration suit to declare the alleged sale deed registered on 2002 is null and void and sought a declaration that you are the owner of the property. In the said suit you have to join the concern registrar as one of the party. You may raise all those facts mentioned by you here. You will get remedy.
1. If your mother purchased 152 decimal only and got possession of the whole land at the time of purchase then lesser land must have been encroached by some other.
2.If the neighbour has mutated the same land in his name then his basis of mutation will have be known. Mere Mutation in absence of proper title has no value.
3.It appears some forgery has been committed by the opposite party and hence it can be redressed by legal recourse.
4.It is good for you.
5.It is also god for you.
6.It will help you to establish the fraud.
7.If in their deed there is no mentioning of your mother's title then the fraud becomes apparent.
Hence keep physical possession of the proeprty with you and file a suit for declaration of title and injunction agaisnt disturbance of your peaceful possession.
Is certified copy of sale deed and party original sale deed copy difference acceptable. I have both the copies(certified & original copy) of opponent party with me and submitted to DC for cancellation, will i get easy relief with this submission.
Yes if there is a difference between the two then the chances of you getting the relief are high.
that is a good prove to show the malice
Regards
Differences between original and certified copy are not acceptable
2) you should get relief from courts
You produce everything that you have.
And yes, it is at the end sufficient.
Yes possibly
Lodge a diary to the police and file a case under section 144 Cr.P.C. in Executive Magistrate Court.Hold the possession any way and continue the suit which you have filed.You can also file a case in Land Tribunal in your State.
1. You shall have to establish that the said sale deed presented by the opposite party has not been signed by your mother and the signature shown in the said original sale deed of your mother is forged signature ( or thumb impression) of your mother.
2. For the said purpose, pray before the Court for forensic report about the genuineness of the signature 9or thumb impression) of your mother.
3. The matter will be decided primarily based on the said forensic report.
4. However, if she is the owner of 116.5 acres of land, she can not sell more than that for which the sale deed will become invalid but the main issue in this case is the genuineness of your mother's signature which will decide about the case.
1. Certified copy and also the original copy should have the same contents.
2. The above discrepancy along with sale of more area than owned by your mother makes the said sale deed invalid.
3. However, the forensic report confirming the non genuineness of the signature of your mother will seal the case in your favour.
On verification we found:
1. Sale deed executed on 152 decimal where as available land is 116.5 decimal.is this acceptable?
It is not convincing hence not acceptable
2. Also opponent party done mutation for 152 decimal and also given rent for 152 decimal.is this acceptable?
NO
3. opponent party original sale deed copy (deed no. 203/2002) and the obtained certified copy of sale deed (deed no. 203/2002) from registrar office found different in content in second page and position of seller signature found different(original copy seller signed in appropriate place and in certify copy signatures of seller in bottom of every page), is this acceptable?
The contradictions have to be brought to the notice of court during trial proceedings
4. witnesses address not mentioned in opponent sale deed.
It is not a problem, this will not alter the nature of deed
5. That time tahsildar has signed in witness in opponent party sale deed.
There is nothing wrong in it
6. In opponent party sale deed our sale deed number even not mentioned.
Then the sale deed can be challenged on this ground itself mentioning that this is a fraud
7. And lastly my mother is uneducated and not signed in any document ever, but after her death how would i prove.
The burden of proof will be on the opponent
We have done petition in court of DC to cancel his forged sale deed, please suggest.
You can challenge it, but it was not necessary, you should have made him to aproach court instead.
Is certified copy of sale deed and party original sale deed copy difference acceptable.
I have both the copies(certified & original copy) of opponent party with me and submitted to DC for cancellation, will i get easy relief with this submission.
No, it has to be challenged about its veracity