3 Answers
Dear Mr Deepak,
As per the facts stated by you, the property was in your name and was allegedly sold by your grandmother in the year 2012 by adopting fraudulent means. You have further stated that you did not execute or sign any registered sale deed, and that only a self-declaration on a ₹50 stamp paper was taken from you in the year 2013. You now intend to challenge the said transaction in 2026.
On the basis of the above, the legal position is as follows:
1. Under Section 54 of the Transfer of Property Act, 1882, and the Registration Act, 1908, the transfer of immovable property can only be effected through a duly executed and registered sale deed. A mere declaration on a ₹50 stamp paper does not amount to a valid conveyance of title. Therefore, if no registered sale deed bearing your valid signature exists, the alleged purchaser does not acquire lawful ownership.
2. If the sale deed was executed by your grandmother despite the property standing in your name and without any valid power of Attorney from you, such sale would be void and without legal authority. Further, if impersonation or fraud was committed, the transaction becomes voidable and liable to be set aside by a competent civil court.
It is strongly advised that you consult with an Advocate as soon as possible with all the original documents for proper evaluation before initiating legal proceedings.
You can connect with OLQ Team for further legal guidance .
Dear Sir,
Do Immediately
Go to Sub-Registrar office in Pratapgarh and get:
Certified copy of sale deed (if any registered)
Check in whose name property is registered today
Collect:
Original ownership documents
Revenue records
Electricity/water tax records
That 50 Rs declaration copy
Consult a local civil property lawyer and file:
Civil suit with application under Section 5 Limitation Act (if needed)
Criminal complaint for cheating
Very Important Strategy
Do NOT delay further.
If 12 years possession completed, opposite party may file adverse possession defence.
Time is already sensitive.
Dear client,
• Read over any formal documents with a real estate lawyer.
• If you can prove fraud, go to court with documentation for each matter and file a civil case for a declaration that the deed was invalid, plus cancellation as a result of the fraudulent deed.
If a signature has been forged or impersonated to create a deed on the public registry then you have a significant case of fraud and forgery. In addition to your civil complaint, you can file a criminal lawsuit for forgery against the person who perpetrated this fraud against you. An original signature on a registered deed can easily give you an opportunity in front of a judge to successfully prosecute against the deed.
There are challenges that you will need to overcome in delay. To be successful in a trial, you must provide a thorough explanation to the judge as to why you waited so long before taking action. If you were unaware of, or if you had not been able to find the facts of how the fraud occurred, this may help you with the judge's decision. However, you have to provide the relevant documentation in a timely manner.
Before proceeding with any criminal or civil legal action, you should verify through an official source the true current owner of the property based on the public records of your area. Do not take the word of anyone orally.
Your case will rely heavily on public records and documentation proving that you did not sign for the sale of the property and should be taken before a judge as soon as possible before additional/further complications happen to slow the legal proceedings you want to pursue.
If you have any query please feel free to contact us.