FRAUDULENT PARTITION OF PROPERTY IN THE NAME OF ONE FICTITOUS NAME
JAIME
(Querist) 17 October 2010
This query is : Resolved
IT WAS DISCOVERED THRU INQUIRY ON 02/04/2007 AFTER ENCROACHMENT OF OUR PROPERTY ON 18/03/2007 BY A TRESPASSER FROM OUR NEIGHBOURHOOD THAT FRAUDULENT PARTITION WAS CARRIED OF OUR PROPERTY ON 06/05/1988 WITHOUT INTIMATING THE LEGAL HEIRS BUT NOTICES SENT IN THE NAME OF THE DECEASED CO-OWNERS. THROUGH A CIVIL SUIT AGAINST THE TRESPASSER THE TRESPASSER CLAIMS THE FICTITIOUS NAME IS THAT OF HIS FATHER WHEREAS HIS BIRTH CERTIFICATE CONTRADICTS HIS STATEMENT. INORDER TO CANCELL THE PARTITION (1) CAN THE FICTITIOUS PERSON WITH ADDRESS THAT APPEARS IN THE MUTATION DOCUMENT BE STATED TO JOIN AS A PARTY THROUGH AMENDMENT? (2) THE PERSON ALLEGED TO BE THE FATHER OF THE TRESPASSER IS DECEASED. WE HAVE DENIED KNOWLEDGE OF EXISTANCE OF THE PERSON WITH FICTITIOUS NAME. A COPY OF THE BIRTH AND CERTIFICATE OF THE TRESPASSER FROM THE GOVT REGISTER IS SUBMITTED TO THE COURT. HOW MAY I PROCEED TO CANCELL THE FRAUDULENT PARTITION?
Devajyoti Barman
(Expert) 24 October 2010
File a suit for declaration and injunction.
