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Ramana (Business)     26 April 2024

Regarding civil case

Hi,

When we were checking the history of one of our adjacent land in our village , we came to know that our grandfather sold it to my neighbour in 1989 and it was registered at that time.

Now my grandfather actually dies in 1983 itself, and we are suspecting the neighbour has forged the documents somehow and done registration.

Can we file a civil suit and claim the land?



Learning

 6 Replies

Mr. Sumitra kumar (Advocate)     27 April 2024

When did this fact come to your knowledge?

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     27 April 2024

Yes you can very well file a suit for declaration and possession of the property on the basis of legal heirs of your deceased grandfather.

You may have to see that it is not barred by limitation.

Advocate Bhartesh goyal (advocate)     27 April 2024

Yes, civil suit for declaration the sale null and void on basis of forged document,possession and injunction can be filed.

Dr. J C Vashista (Advocate )     27 April 2024

Generally such a fraud can be committed by some of your known person.

Contact, consult and engage a local prudent lawyer with relevant records for initiation of necessary legal civil proceeding as well as criminal complaint. 

R.K Nanda (Advocate)     27 April 2024

yes, you can file declaration suit in civil court.

Parth Chawla (Lawyer)     03 May 2024

Hey,

By analysing your case I would like you to know that a Section 463 of Indian Penal Code, 1860 provides that whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or enter into any express or implied contract, or with intent to commit fraud, commits forgery.

You can refer to State of Orissa v. Rabindra Nath Sahu, 2002

In this case an individual aiming for a government job, of Junior Motor Vehicle Inspector which position had reservations for Scheduled Tribes in India. The individual allegedly fabricated his identity and submitted a caste certificate claiming to belong from a recognized Schedule Tribe group, which opened doors for him at securing the job position. Later it came out that the Individual forged his Identity documents, the High court of Orissa found the individual guilty of forgery and cheating the government.

As stated by you that your grandfather acquired land which was unlawfully transferred to your neighbour. In order to claim your potential ownership of that land, back you can follow certain remedies as mentioned below:

A)      File civil lawsuit in the court which has jurisdiction over the property’s location seeking a declaration of you as the rightful owner and demand possession of the property.

B)      File an injunction to refrain the accused from transferring the property to any other person.  

C)      Lodge a police complaint against the person who forged the documents and transferred the property in their name, under section 463 of Indian Penal Code, 1860.

Hope this helps you with your query

Regards,

Parth Chawla


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