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shailesh (technical associate)     24 April 2011

Fake Document used to passed Building Plan in Delhi

HI,

My Chacha ji's Legal Heirs have passed the Building Plan by Fake Documents as they dont have Clear title. We have done  RTI  by MCD and got the fake Documents that have been applied for passing the Building Plan

Then we have gone to Sub Registrar and get the Certificate that Document's File Number are not present.

 

Can anyone tellme what should be our next step-

1. Shall we put the Application in MCD for Revoking the Plan. but can anybody tellme whether MCD is having authority for revoking the Plan?. Can they  ask us to go to Court for proving these Document as fake?

2. Shall we directly go to Court and get prove these Document as fake.

 

If we go by  point no 2 then it may go against us as we too  dont have Clear title. We are living in another galf of Property siince 1965 an the WILL was in the name for whole property of Chacha ji

Kindly let me know the Way?



Learning

 6 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     24 April 2011

Dear Querist,

 

You may go to the Court of appropriate civil court for declaration of title. Since, you say that you too do not have clear title. I wonder what would you derive benefit by institutio of any Suit against LRs of your Chacha ji. Please provide more facts and documents to understand the issue and opine you accordingly.

 

Trust this would suffice.

 

Rabin Majumder

AoR

Supreme Court of India.

shailesh (technical associate)     24 April 2011

Sir,

Please find the Summary of my Property Dispute

 1. Mr X purchased a land in 1952 in Delhi.Mr. X is have 2 sons and 2 Daughters I.e. Elder Son A Younger Son B Elder Daughter A Younger Daughter B
2. Before 1965 Mr X was living with Younger Son B.
3. In 1965, Elder Son A came to Delhi because he was suffering from Cancer. He was having 2 Legal Heirs i.e. Elder Daughter AD and Elder Son AS. Elder Son A Started Living in the 1/3 of the Property
 4. In 1967, Mr. X done a Registered Will in the Name of his Wife Mrs Y. in WILL, he stated that after my death the whole property will belong to her and if she wants she can give the Property to Legal Heirs
5. In 1968, Elder Son A died as he as suffering from Cancer and Mrs Y(Wife of Mr X and) died.
6. In 1969, Mr. X done a another Registered Will invoking the Previous WILL which States that A. Whole Property Owner is Younger Son B B. Legal Heirs and Wife of late Elder Son A will be living as License in 1/3 of Possession and Can be Evicted anytime by younger Son B. Younger Son B was treated as Licensor and Owner in WILL
7. In 1971, Mr. X died. Legal Heirs of Elder Son A i.e. Mr AD has taken the possession(Started Living) in 1/2 of the property. Then There was Oral Family Settlement that Property is divided into Equal Part between Mr. AD and Mr. X . No Written Document was made.
8. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally To Them.
9. Younger Son B is having 4 Legal Heirs (Elder Daughter BD1, Elder Daughter BD2 , Elder Son BS1, Elder Son BS2) 10. In 1994, Younger Son B died.
11. In 1997, Legal Heirs and Wife of Younger Son B has done there Own Relinquishment Deed giving the property half/half to Elder Son BS1, Elder Son BS2 and also stated that they are having the possession of the Property. But they are actually having possession of half of the Property
12. Sons of Younger Son B are not having any Source of Income so they want to have this property in any way
13. Mr. AD has done the Mutation of Half Property in his name since 1998 and paying the Electricity, Property Bills from Many Years.
14. Also Mr. AD has Revamped(Re-Structure) the home in his Half around 2002.

Now as Younger Son B legal Heirs cannot construct home without getting NOC by us. So they make fake documents to construct the home
 
Now tellme the Way out  for the same

SACHIN AGARWAL (ADVOCATE)     24 April 2011

Please conform whether the younger son B has signed the document of relinquishement deed which has been executed in favour of elder son A by their sisters.

 

shailesh (technical associate)     24 April 2011

No, Younger Son B hasnot signed the Relinquishment Deed as he was  Releasee in the deed and that time it was not Sign of Release was not required.

Kindly let me know your concerns

shailesh (technical associate)     24 April 2011

Sir,

Please find the Summary of my Property Dispute

 1. Mr X purchased a land in 1952 in Delhi.Mr. X is have 2 sons and 2 Daughters I.e. Elder Son A Younger Son B Elder Daughter A Younger Daughter B
2. Before 1965 Mr X was living with Younger Son B.
3. In 1965, Elder Son A came to Delhi because he was suffering from Cancer. He was having 2 Legal Heirs i.e. Elder Daughter AD and Elder Son AS. Elder Son A Started Living in the 1/3 of the Property
 4. In 1967, Mr. X done a Registered Will in the Name of his Wife Mrs Y. in WILL, he stated that after my death the whole property will belong to her and if she wants she can give the Property to Legal Heirs
5. In 1968, Elder Son A died as he as suffering from Cancer and Mrs Y(Wife of Mr X and) died.
6. In 1969, Mr. X done a another Registered Will invoking the Previous WILL which States that A. Whole Property Owner is Younger Son B B. Legal Heirs and Wife of late Elder Son A will be living as License in 1/3 of Possession and Can be Evicted anytime by younger Son B. Younger Son B was treated as Licensor and Owner in WILL
7. In 1971, Mr. X died. Legal Heirs of Elder Son A i.e. Mr AD has taken the possession(Started Living) in 1/2 of the property. Then There was Oral Family Settlement that Property is divided into Equal Part between Mr. AD and Mr. X . No Written Document was made.
8. In 1977, Elder Daughter A and Younger Daughter B(Other 2 Legal Heirs of Mr X) done a Registered Relinquishment Deed in the name of Mr AD and Younger Son B giving there Whole Ownership Equally To Them.
9. Younger Son B is having 4 Legal Heirs (Elder Daughter BD1, Elder Daughter BD2 , Elder Son BS1, Elder Son BS2) 10. In 1994, Younger Son B died.
11. In 1997, Legal Heirs and Wife of Younger Son B has done there Own Relinquishment Deed giving the property half/half to Elder Son BS1, Elder Son BS2 and also stated that they are having the possession of the Property. But they are actually having possession of half of the Property
12. Sons of Younger Son B are not having any Source of Income so they want to have this property in any way
13. Mr. AD has done the Mutation of Half Property in his name since 1998 and paying the Electricity, Property Bills from Many Years.
14. Also Mr. AD has Revamped(Re-Structure) the home in his Half around 2002.

Now as Younger Son B legal Heirs cannot construct home without getting NOC by us. So they make fake documents to construct the home
 
Please tell us what shoud be our next step

Joy Manglani (President)     22 April 2013

inform the MCD with clear evidence and regularly follow up. A false sanction was taken by my brothers using forgery of Will. It got reovked in about 7 months after regular follow up at top level upto the Commissioner.

Which DMC does it fall under now, afer trifurcation?


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