Judge orders deed expunged after bogus transaction

A scrap met­al deal­er has de­nied ever pur­chas­ing 491 acres of land for $4 mil­lion yet a deed was pre­pared and reg­is­tered in her name.

As a re­sult, Jus­tice Ron­nie Boodoos­ingh has or­dered that the deed of con­veyance be ex­punged from the records and re­quest­ed a po­lice in­ves­ti­ga­tion in­to the fraud­u­lent trans­ac­tion.

Er­rol Nathai, the own­er of the lands sit­u­at­ed on a Co­coa Plan­ta­tion in Ma­yaro, hand­ed down to him by his fam­i­ly, ini­ti­at­ed le­gal ac­tion against Bev­er­ly King af­ter he ini­ti­at­ed a ti­tle search of his three parcels of land in 2018 and dis­cov­ered a deed of con­veyance for the lands in King’s name.

The deed, dat­ed Ju­ly 12, 2013, stat­ed that Nathai had sold the lands to King, of Phoenix Park Road, Savonet­ta, Cou­va, for $4 mil­lion.

The deed bore the al­leged sig­na­tures of King, Nathai and at­tor­ney Shiv­anand Dubay.

In his wit­ness state­ment, Nathai said the sig­na­tures and writ­ings on the ex­e­cu­tion of the deed did not be­long to him.

“I fur­ther say that I am whol­ly un­aware of the trans­ac­tion,” stat­ed Nathai.

He said he nei­ther agreed to nor did he sell the lands.

Fol­low­ing the ti­tle search, he said on Oc­to­ber 18, 2018, his at­tor­neys Mungals­ingh & Com­pa­ny con­tact­ed at­tor­ney Dubay whose name and ad­dress ap­peared on the prepa­ra­tion cer­tifi­cate to in­quire whether he pre­pared the deed.

He said Dubay in­di­cat­ed that he did not pre­pare and sign the deed. The at­tor­ney, Nathai, al­so in­di­cat­ed that the sig­na­tures ap­pear­ing on the deed were not his and he nev­er au­tho­rised any­one to pre­pare the deed or sign his name.

“I fur­ther say that the de­fen­dant is a stranger to me and is no way re­lat­ed to me or my pre­de­ces­sors of ti­tle.

The de­fen­dant does not have per­mis­sion to oc­cu­py the dis­put­ed lands nor does she had any in­ter­est in the said dis­put­ed lands,” Nathai con­tend­ed.

In re­sponse to Nathai’s claim, King, in her af­fi­davit, said she is a stranger to the al­le­ga­tions and have no knowl­edge of this trans­ac­tion.

“I nev­er went to any at­tor­ney-at-law to pur­chase the lands men­tioned there­in or any lands at all. I nev­er paid any stamp du­ty on the said lands.

“The af­fi­davit of ex­e­cu­tion an­nexed to the deed is to­tal­ly false. The first time I be­came aware of the pres­ence of the deed was to­day when I was served with the doc­u­ments.”

King, who re­sides in Ch­agua­nas, said she left the Phoenix Park ad­dress on the deed 14 years ago. She could not ex­plain how her name end­ed up on the deed.

King, who was rep­re­sent­ed by at­tor­ney Sub­has Pan­day, fur­ther stat­ed: “I am a scrap met­al deal­er and have to pro­duce my iden­ti­fi­ca­tion card to the var­i­ous pur­chasers in or­der to ob­tain pay­ments.” She had no ob­jec­tion to the deed be­ing set aside and ex­punged from the records.

Lament­ing the num­ber of fraud land trans­ac­tion claims be­fore the court, the judge set aside the deed and di­rect­ed the Reg­is­trar Gen­er­al to ex­punge the deed. The judge al­so or­dered the reg­is­trar to send a copy of the pro­ceed­ings and the or­der to the Com­mis­sion­er of Po­lice for fur­ther con­sid­er­a­tion and ac­tion.

King and Nathai were or­dered to bear their own costs.

Reporter:  Sascha Wilson

 
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