• Land registered in absence of owner

I have purchased a land around 25 years ago where my cousin sister used to live. But I haven't paid full amount that's why previous owner kept the property papers. Then I asked my cousin sister to take care of that land and left for my job and that place. And then they started to live in that place (land). Initially she registered the land against my name after paying remaining small amount and recorded the same against my name. As I never contacted them after 16 years (assuming I died) my cousin sister registered and recorded the land (around 9 years back) against her name by appearing another person on behalf of me as they bought the land from me.  Now I came back to this place after 25 years and come to know that she registered this land on her name around 9 years ago. Now she and her family are living there and they have made a 2 store house also and not ready to return that land to me. All the original documents which can prove that land was mine is in the procession of my cousin sister.

1.      Can I get back my land and how?

2.      Can I file FIR against them in police station?

3.      Can I get any help from panchayat?

4.      Do I have to file a fraud case against them?
Asked 8 years ago in Civil Law

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11 Answers

Your cousin must have got the land registered in her name on basis of sale deed

2) obtain certified copy of sale deed from sub registrar office

3) if your signature has been forged file complaint against your sister for criminal breach of trust , cheating under section 406 , 420 of IPC

4) file suit to set aside fraudulent sale deed made in favour of cousin sister

5) seek injunction restraining cousins sister from selling the land and house

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

1) In the absence of records you have, they being in possession of your cousin and she had adverse possession are hurdles you will have difficulties in succeeding.

2) You can certainly file an FIR on basis of facts you have narrated and get a case of fraud and forgery filed against her.

3) You can also file a civil suit in the civil court to get her vacate and to get possession of your land

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. It is not clear whether you made a deed of sale registered in your name.

2. if yes then she cannot make another sale deed registered in her name.

3.So I need clarification on this count for further help.

4. Since you are from kolkata you may bring all the paper for further advice. Call-[deleted].

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. You can get back the land by filing a declaratory suit praying for a declaration that the said land belongs to you since you have never sold it to your cousin and she has acquired the title by falsifying documents and arranging a fake sale deed in her favour.

2.You should lodge a police complaint against her immediately for chating you. If police fails to act, file a Writ petition before the High Court against police inaction seeking relief.

3. You can approach the Panchayat and send it a letter asking it not to accept any tax from your cousin sister since she has acquired the property fraudulently.

4. You should file te police complaint and follow up the matter with police to ensure that police registers a FIR against your cousin sister ad in that case, the case will be between the government and your cousin sister.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. she has committed offence of forgery and punishable u/s 467/468 IPC. she intended to prepare forged document and produce it before the public officer for illegal gain.

2. you should file a criminal case against her. there is no limitation period for this offence because it is punishable for more than 3 years.

3. if police refuses to register this case you can file complaint before the magistrate under section 200 crpc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. Can I get back my land and how?

First you talk to your cousin about this and ask her to at lest give back your money that have invested in the property with interest from that date or a portion of property registered on your name.

If she is not agreeing to oral and peaceful talks, you may plan to issue a legal notice demanding your property based on the documentary records in your name.

2. Can I file FIR against them in police station?

The police may not entertain any application or complaint in this regard because it is not only a civil case but also very badly barred by limitations for filing a criminal complaint.

3. Can I get any help from panchayat?

What is panchayat doing here?, They are not any law enforcing authority on all such issues.

4. Do I have to file a fraud case against them?

Not maintainable.

In my opinion, even the civil legal case may not be maintainable because she use the weapon i.e. "law of adverse possession"

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. It seems that a General Power of Attorney was forged by your sister to transfer the title to her name. Your remedy now is to file a suit for declaration of the instrument of title in her favour as illegal and recovery of possession from her. She may take the defence of adverse possession as you have returned to the place after 25 years.

2. FIR can also be filed against them for the offence of house trespass, cheating, forgery and criminal breach of trust under sections 452, 457, 406, 420, 467, 468 and 471 IPC.

3. Panchayat has no role to play in this.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1) FIR should be filed against your sister and X as both have entered into criminal conspiracy to defraud you

2)enclose copy of fraudelent sale deed

3) copy of hand writing expert opinion

4) copy of sale deed by which flat was regd in your name

5)ciuvil and criminal are separate legal proceedings . acquittal in FIR should not affect your civil case . in criminal cases conviction would be granted only if you are able to prove your case beyond reasonable doubt

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. How did you come to know who your sister had placed for you while registering the sale deed in her favour? You should put your sister's name only while lodging police complaint. It is the duty of the police to findout who was place on uour behalf by your sister on the day of the registration of the fake sale deed. You can verbally give a hint to the police stating that you suspect the said person to impersonate you.

2. You bshould collect the certified copy of the sale deed your sister has arranged fraudulently in her favour and the title deed registered in your favour.

3. How shall the result of the FIR will go against you when the said sale deed has not been signed by you? Unless she can prove that you have not placed that person in your place by yourself while registering the said sale deed in favour of your sister, you have no reason to worry at all.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. FIR is to be filed against those who have committed the offence i.e your sister and buyers.

2. Documents which can prove your title are sufficient.

3. The outcome of criminal trial may have an impact on the civil suit depending on the finding recorded by the criminal court, albeit ordinarily the order of the criminal court is not binding on the civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. If you have decided to lodge a criminal complaint then it will be against all the people who have cheated you or the reasons for your grievance

2. What all documents you rely upon that is important for this case shall be produced

3. This may have an impact to the civil case too stating that you have approached police with unclean hands hence your complaint was dismissed, therefore the claim now have made is also false.

So better think about it patiently.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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