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Sandeep Gupta (Manager)     16 January 2019

Criminal case to misrepresent the facts in sale deed

I bought one property in 2008 from family and in the sale deed it is mentioned by the seller that she is the legally wedded wife of late X. The sale deed is signed by the son and mother both.

Subsiquently, there was lot of disturbance from one other family who were staying close to the property. I thought that disturbance is created by the seller through their relatives to take undue benefit and therefore filed an injunction suit against the mother and son.

Injunction was granted in my favour in 2011 and till then there was no disturbance.

After injunction suit was decided in 2011, the other family member started disturbing again and then upon enquiry I came to know that it is the first wife and her family of late X who was disturbing.

Meanwhile one of the daughter of first wife has also filed a claim over the property in 2013 which is pending in court in which seller (mother and son) is also a party

Seller of the property never disclosed that there is a first wife even in the injunction suit filed by me against them which was runing from 2008 and decided in 2011.

In 2014 they have filed the written statement in the case filed by the daughter of other family and admitted the relationship as second wife.

Question:

In the sale deed she and son has mentioned that she is legally wedded wife of X and later in the case she and her son has admitted the relationship with the X  as second wife.

  1. Any way mother is no more now but can I file a criminal case against the son who have misrepresented the facts that she is the legally wedded wife of X in the sale deed which was not true.
  2. Under which all sections. I hope there is no law of limitations to file a criminal case.


Learning

 1 Replies

Suri.Sravan Kumar (senior)     16 January 2019

Before buying the property you should have call for objections by placing Ad in a local newspaper.

If you want to take action against the son you have to approach local police station to register FIR against him. I think your case will attract law of limitation.


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