LAND GRABBING
Ms. Sumalata Vikram
(Querist) 09 October 2010
This query is : Resolved
I do have a query reg land fraud .
Actually one of my client had purchased a site from a landlord through Land Developers with registered sale deed. i.e in 1995. Since then he has been paying tax regularly in his name and khata is in his name all pucca documents. In 2007 a third person who is in any way related to the client sold property by creating false POA (as if my client had given power of attorney to sell the site to that person by creating forge signature of my client) and got it registered. The above said transaction came to know to my client last year. Actually my client has changed residence in 2000 and also in the original sale deed which my client got registered in 1995, doesnot bear my clients signature and also in subregistrar office. My clent tried to give a complaint to the local police station but police denied and argued with my client that original sale deed doesnot bear the signature of my client and refused to take complaint and indeed asked to give the original sale deed to the police and they would look into it without booking any FIR. and my client put the fence and also a board bearing his ownership 2 years back. and gave a stay application to gram panchayat,tahasildar office not to transfer khata. Now my client wants his case to be settled faster. what is the solution. If he wants to cancel the forged sale deed then what is the easiest method. Do u have any judgements regarding such matter please let me know. My email id is sumalatasb@rediffmail.com.
Raj Kumar Makkad
(Expert) 09 October 2010
You shall have to file two cass at the same time. One criminal through local criminal court wherein you should file a complaint under section 420/467/468/471/120 B IPC against all concerned named in the fradulantly prepared POA and subsequently sale-deed and second civil suit seeking setting aside aforesaid POA & sale-deed and all documents prepared thereafter regarding the suit land and also to seek stay order against your peaceful possession over the suit property.
You shall be successful in both cases, if your facts are true and you bring those proofs before courts.
Uma parameswaran
(Expert) 09 October 2010
How the deed registered without having purchaser's signature.If your client is a bonafide purchaser then you can tell them that,
Police has no authority to deal with civil matters.If the possession is with your client ,then ask them to be there. If the other party causing any encroachment or tresspass give a complaint to that effect and not for title dispute.If police not taking action your client can approach High Court to get direction to take action upon the complaint or a private complaint before Magistrate.You client also file a civil case to declare the title and identify their property.
