Sale deed executed by submitting fake documents and not binding the one of the joint owners
Dear Sir/Madam,
There are 12 vacant sites jointly formed and sharing properties of two Survey numbers situated at Bangalore. I am the sole owner for one survey number and other Survey number co-owners are four members. The khata documents and tax slip for plots stands in my name & one of the co-owner’s name and both survey no. details are present in tax Slip as well. We both side owners executed the Sale deed for 10 sites jointly to purchasers. Now, remaining 2 Sites are executed sale deeds by other Sy no. co-owers only excluding me and without my consent by submitting fake khata documents and tax slip in sub-register office. I have almost 50% share of these two sites as per our private survey sketch, but no records to prove the percentage of share now. These two sites consideration amount for total is Rs 36 Lakhs.
I want to file a civil suit to restrain the new buyers to sell these two Plots/Sites to anyone else. Have following queries regarding this suit:
1) What are the suits applicable in this case?
2) Should I file declaration suit to declare that sale deeds as null & void as I was not binding for sale deed registration or file cancellation of sale deed due to fraud by submitting fake documents?
3) Should I file declaration suit to declare that sale deeds as null & void, Injunction suit & Partition suit as well? What would be court fee for all these three suits? Is it right that fixed court fees irrespective of sale value of the property in these suits. What are the court fees sections are applicable?
4) If I go for partition suit along with other suit as mentioned in question 3) my share of property will be back portion of plot & it doesn’t have access to Road. So, in this case, which is best option?
5) How soon can temporary injunction be granted from day of filing the suit?
6) Should I implead the Sub-register as well for not verifying the documents & involvement in the fraud?
7) Can we seek both reliefs of permanent injunction for not interfering with our possession and not be able to sell property further in one suit?
8) Is it required to file Criminal PCR suit a well or how I can file FIR as local police doesn’t take FIR?
Asked 1 year ago in Civil Law
Dear Sir/Madam,
Thanks for all your valuable inputs/suggestions regarding the query. Based on above points, I have few more question.
1) Since the Khata documents and property Tax slips for these two plots in my name & one of the co-owner’s names, is it necessary to go for Title declaration suit as mentioned in one of the feedback item?
Also, the fake supporting document submitted during registration, Still I can see my name at one place.
2) Is it mandatory to send Legal notice before impleading the Sub-register or any Govt official to suit as I have already filed district register complaint & RTI against sub-register, no response received for last 1 month?
3) What is the next course of action if I don’t get any response even after RTI 2nd appeal filed against Sub-register?
4) Is it true that fixed court fee of Rs 19.50 for declaration suit to declare that sale deeds as null & void?
5) Court fee will be calculated/paid for maximum fee of any one of the suit right? If I pray for multiple prayer/suit like injunction, Title declaration, partition etc.. in a single suit filed.
Asked 1 year ago
