Various Frauds - 3

                      Various Frauds - Continued

Fraud – 5, found in the GPA

http://titleopinion.blogspot.in/In the year 2004, a man bought a large piece of land at Sriperumpudur and it is understood that later in 2007, he decided to sell the same and accordingly he appointed an agent vide a GPA and registered the same in 2007 in the jurisdictional SRO, where the property is situated. Both the documents, viz.,  the original sale deed and the GPA, were registered in the same SRO and both were affixed with photo of same person. The agent tried to sell the land. The purchaser got the copies of the documents from the agent and in turn gave it to proplawyer for opinion on title of the property.

The lawyer, on scrutiny of the documents, found that LTIs available on these two documents were different. Hence, he advised the client to contact the owner and confirm the appointment of agent for sale of property.

It was further found that the original owner had not proposed to sell the land and not appointed any agent. Somebody fraudulently registered the impugned GPA and tactically managed to affix the photo of owner on GPA during registration.

Then the owner of the property lodged a criminal complaint and the consequences are outside the scope of this book.

Fraud – 6, found on Scrutinizing a death certificate (Xerox),

A Xerox of a death certificate studied wherein it is certified that Mr.A expired on 21.05.2002, it is also noted that a sale deed was executed and registered by the said Mr.A along with his brothers on 15.05.2002.

It was doubted why Mr.A died within six days from the day of registration. So again the Xerox of the death certificate was scrutinized, whereby it was found that the date ‘21’ written in different colour (Xerox), then the legal heir certificate was brought from the clients and studied, there also the date ‘21’ had a correction and was entered in a different colour and the handwriting also differed from the rest of certification matters.

While inquiry, it is found that Mr.A died on 06.05.2002 and his brothers sold the family joint property and impersonated Mr.A without the knowledge of legal heirs of Mr.A

It was advised to get the ratification deed executed by the legal heirs of Mr.A and hence possible challenges and the claims were avoided.

Fraud – 7, found by Legal Heir Certificate

A client proposed to buy a flat from a builder approached a property lawyer and produced copies of all documents whatever the builder gave to him.

The lawyer arranged the documents and deeds in chronological order and on going through the latest title deed, he got struck up where the evolution of property was described.

It was recited that the present owner, who is selling the land, has got the ownership right intestate from his maternal aunt [mother’s sister]. It was understood from other documents that his aunt died heirless and originally got the property and its ownership from her husband by succession.

Normally, if a Hindu female died intestate and heirless, her property shall return back to the origin, her husband herein. As such, the lawyer got doubt and verified the legal heir certificate wherein he found that the name of self claimed owner is written in a different coloured ink and the handwriting also differed.

That is to say that his name was fraudulently inserted in the legal heir certificate.

Hence, the lawyer advised his client accordingly.