Hi,
Reflect to yourself as next of kin or legal heir of mother and file case in civil court for cancelation of sale deed
For cancellation of fraudulent and impersonation done registered sale deed
As per notification (Power given to DC for cancellation of fraudently & impersonation done registered sale deed ) from Jharkhand government. i have filed a petition in the court of DC, Saraikella for cancellation of fraudulently & impersonation done registered sale deed on my property. The fraud mutation of the opponent party was cancelled by the court but for sale deed DC court told in his order that his court is incompetent to decide the about questioned sale deed, if pliant want he can go to civil court for cancellation. 1. Sub-registrar/Circle officer/my lawyer is telling the sale deed is automatically considered as invalid when court cancelled his mutation. Is it like that ? 2. Sub-registrar is telling in year 2000-2002 there are 2,3,4 deed got registered illegally in one property, for how many such deed you will fight in court. You have valid sale deed/mutation/rent receipts up-to date/land possession , you need not to be worry . what is your suggestion ? 3. Should i wait for them to file a civil suit against me because the so called seller my mother has died 10 years back.
Asked 7 years ago in Property Law
Religion: Hindu
10 Answers
Please note that Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another. The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.
Based on order passed by DC you need to approach competent jurisdiction court seeking for cancelation of sale deed by filing a suit for declaration that the sale deed is illegal and not binding and that you are lawful owner. Please note you need to pay court fee as applicable.
Sale deed is not automatically canceled you need to approach court and make all people party in same suit. You can file the suit rather than waiting for them to file a suit
1. No the sale deed would not be deemed to be automatically cancelled by any means in the present circumstances. It can be done only and only the by the civil court and the DC has very eighty held so.
2. The number of litigation is not factor t bypass the rule of law. Only a civil court can declare a deed to be null and void and it alone will do so irrespective of number of forgeries done .
3. yes, file the civil suit Mere cancellation of mutation will not affect the owner based on the forged sale deed. In the civil suit seek injunction also.
1. It was misconceived on your part in the first place to have gone to the court of DC. DC has no authority of law to cancel the sale deed. It is purely within the domain of the civil court.
2. Cancellation of mutation does not amount to cancellation of sale deed. Mutation is not a document of title. You have to file a suit for cancellation of the sale deed on the ground that it is forged.
3. If forged sale deeds have been executed qua your property then it is worth filing civil suits for cancellation no matter how many deeds are executed.
1. No civil court order is required for nullification and cancellation of sale deed. Mutation doesn't confer the ownership as such.
2. All together in one suit it can be filed and all parties can be made defendant as property in question is single and plaintiff is same.
Approach civil court for cancellation of.sale deeds done fraudulently under Specific relief act.
3. In civil suit it is better that you file since your right is getting effected.
You have to take legal proceedings to set aside all sale deeds fraudulently executed in respect of your land
2) you should not wait for them to file civil suit
3) mer cancellation of mutation does not amount to cancellation of sale deed
Mutation is a process of possessing the land in one's name in the revenue records, hence it is would a requirement to secure the property safely.
transferring the name in mutation records, one cannot say that he has title to the property without sale deed registered on his name, it is invalid.
so mutation and sale deed both are different, if mutation has been cancelled by court then sale deed not became invalid, you have to obtain decree from district civil court for cancellation of registration.
Cancelling mutation does not cancel sale deed.
Its your property and if any such sale deed is prepared on it did not sub registrar checked the validity of seller's ownership. He can himself be punished that is why he is answering you like that.
Cancellation of sale deed is mandatory. Go to court.
You yourself can approach court.
Firslty, as per the information stated in the present query, makes it clear that mutation already stands cancelled.
Secondly, yes, it may be construed in a way that when the mutation has been cancelled then sale deed will also be of no value.
Thirdly, if the person is in possession of some property then if someone has any grievance then he may go before the court of law.
Fourthly, still you may file a RTI to get to know as to who all have done transaction in the same property just to have record with you.
1. Sale deed cannot be automatically cancelled even if the mutation has been cancelled by the concerned revenue officer, the cancellation of the registered sale deed can be done only by an order of the court competent for this purpose.
2. If you are aggrieved then you may have to file a suit for cancellation, dont go by the sub-registrar's words, he is not competent to cancel the registration, he will be misguiding you.
3. A civil suit before the civil court seeking cancellation of the fraudulently registered sale deed is the only solution before you now.
