Documents required to file complaint against fraudulent sale
Querist :
Anonymous
(Querist) 19 March 2010
This query is : Resolved
1) Indian Christian person had self acquired property in a village in Thane District, Maharashtra.
2) Person died intestate in 1965.
3) Person had two children ChildA and ChildB and both of them also died intestate in 1975 and 1990.
4) ChildA had two children GrandchildA1 and GrandchildA2.
5) ChildB had two children GrandchildB1 and GrandchildB2.
6)GrandchildA1, GrandchildA2, GranndchildB1 and GrandchildB2 are all Christian and alive today.
7) Two years back, Grandchild A1 came to know that Grandfather had 10 gunthas of property worth 15 lakhs in a village in Thane District, Maharashtra.
8) The other grandchildren were not aware of the existence of this plot.
9) GrandchildA1 sold this property to a buyer for 15 lakhs without the knowledge of the other three grandchildren.
10) The other grandchildren have now come to know of this fraudulent Sale after two years.
11) Only one GrandchildB1 wants to lodge FIR and file suit. The other two Grandchildren A2 and B2 dont want to do anything.
My queries -
1) What documents are required by Grandchild B1 to lodge FIR police complaint against Grandchild A1, buyer and the witnesses.
2) Is this a Civil or Criminal Complaint and under what Section should the FIR be lodged?
3)What documents required by Grandchild B1 to file suit in Civil Court? B1 knows only Survey no. of the plot right now.
4) What is the Law of Limitation to file FIR and file suit? Is it three years or twelve years?
Thanks to everybody in advance.
Raj Kumar Makkad
(Expert) 19 March 2010
Your similar quarry has been resolved various times. If one legal heirs have been deprived of their rights and sale has been made by any one suppressing the material facts of share of other persons then he is liable to be prosecuted under criminal law and such sale can be got set aside through civil court.
Querist :
Anonymous
(Querist) 20 March 2010
Thanks Adv. Raj Kumar Makkad.
I want to know whether we can file a criminal case and under what section. I want the exact section number so that I can read about it on the Internet before actually filing the case.
As you are aware, it is always best to avoid Police and Courts, if possible. I want to avoid the Police, if possible.
Thanks once again.
Raj Kumar Makkad
(Expert) 20 March 2010
You can file criminal case under sections 420/467/468/471/120B IPC against him and all persons associated with the sale of that property.
If you want to avoid police then can file a criminal complaint directly in the court.
There is no solution of your problem without court so it is not good to say "It is better to avoid court".
Querist :
Anonymous
(Querist) 21 March 2010
Thanks a lot Adv. Raj Kumar Makkad. I appreciate your comments and advice very sincerely. I have decided to meet a lawyer and take whatever action he recommends.
If I succeed in getting my share of the property back, I will definitely inform you...this is my promise.
