Cancellation/Declaration of sale deed is void.

6 years ago

Hello.. I'm Shiva Prasad Udari from Hyderabad, Telangana.

I think this one will be the longest civil query here, So I'll explain as short as possible

1. Our land situated in Ranga Reddy (Dist), Telangana. With an extent of 7.17 Acres and absolute owner of the land is late U.Jangaiah s/o late Narsaiah as per I-B record till date. Jangaiah expired in 1977 leaving his 4 sons (assume A B C D accordingly) as legal heirs. We don't have Jangaiah death cert. except panchanama report(Non availability) which is given by Grama Panchayat in 2013.

**In the below mentioned two sale deeds there are two parties(heirs of Narsaiah) i.e wife of late Ramaswamy s/o late Narsaiah known as V1, V2 & V3 are sons (A & C) of Jangaiah.**
**::B has died in 2004::**

2. In 2005 Jangaiah sons decided to sell the land and at the time of agreement D decided not to sell his share, other 3 sons(inludes w/o B 'cuz he died in 2004) agreed to sell and agreement was made. Finally at the time of registration wife of B denied to register and succeded.

3. So only A & C executed two sale deeds in 2005 in favour of Wife & Husband respectively who are GM's of a Small Scale Industry.
::Some Key Points To Be Noted In DEEDS::
(a) B & D are not signed in reg. sale deeds.
(b) In sale deeds mentioned that A & C are absolute pattadars and
possessors as per pahanies but actually not because till date A-D
are not pattadars as per I-B record.
(c) As A & C are illiterate, buyer with malified intention added
extra extent(16 gts) more than their shares in Sy.No. XX.
(d) There is only one(1) witness sign other than 5 beneficiaries of
land(legal heirs/grand sons of actual owners). So there are six
witnesses in sale deeds.

4. Without changing the registry entries he started constructing his Small Scale Industry. Whatever may be happened he had stopped construction and removed all the machinery from the respective land which is in oral possession of V1.

5. 8 yrs after registration we grandsons(sons of A & C) came to know that till date the complete land was in the name of Jangaiah(our Gandfather).

6. We approched B & D to co-operate with us to apply for separate share and possession(Locally known as "Virasat") into our names(A-D). So that we(A & C) will fight legally against him for cancellation of sale deeds by not troubling B & D.

7. But D have rejected to co-operate with us 'cuz(later we came to know that) he already colluded with buyer. He forced us to give grandfathers PassBook & TitleDeed to him. So that he can give it to buyer. We ignored to him PB & TD. We tried much not to struggle them(B & D) legal proceedings against buyer but D attacked C physically for not providing him PB & TD.

8. We left with no choice. Soon after we came to know that the buyer after 8 yrs(2013) by maintaining MRO officials illegally he succeeded in abtaining proceeding for mutation in 2015, he managed to get it in the name of Jangaiah s/o Narsaiah who died in 1997.

9. After approaching MRO we left with only one choice to fight against him i.e, in Civil Court. We A & D approached a lawyer and

10. Son of A who is my brother(had 18+ age in 2005 & not signed in sale deeds) have filed a suit in Mdl.Court with O.S XX in 2015 before Pr. Jr. Civil Judge, claiming- Suit for partition & Separate possession under Sec-26 Order-VII Rule-1 of C.P.C. Few months back the case is at trials stage.

11. Also we have filed an Appeal before RDO against the proceeding files under Sec 5(5) of the ROR in Lands Act. in 2015.

12. D has expired in Dec-2016 and now his wife, brother-in-laws and wife of B are threatning us & my brother/Plaintiff to sign before MRO and in Lokh Adalat (these people also forcing us by contacting through phone) to sign. So that B & D on their own can apply and get PB & TD. But the actual thing is the buyer is guiding them to do something to get sign of plaintiff. Can't we expect something worst in this scenario..???

I'm the son of C & My queries about this are:
(a) What are the chances in my case.
(b) What are the key points too cancel sale deeds.
(c) While researching in internet I've read that, a sale deed must and
should have atleast two witnesses are mandate other than
beneficiaries of land- Is that true..???
(d) Also read that such documents which are not executed according to
rules can be declared as void/null by any authority like RDO- Is
that true..??
(e) With pending suit in civil court, does RDO authority can cancel
proceedings after proving the same as above.?? How much time
does it take.?? Next hearing date in RDO is 20-Mar-2018.
(f) If proceedings have cancelled, can we apply for shares for separate
Possession and Patta(Locally known as "Virasat")..??

::Pleading:: Please provide the links/reference of Acts, Rules, Sections, etc, for above queries.
@@ Thanks A Lot In Advance @@