• Fraudulent documents

I have come know that someone has created frauulent documents and trying to grab a piece of land left vacant by the owner who lives in USA. I tried to contact him but in vain.
I approached the Ihe Registrar of stamps and registrations also just to reconfirm that they are fake documents and the they should not have bee registered with out proper link documents.
I understand court alone has the right to cancel a registered document
as he is cheating public and also the government how one can stop it .
Asked 4 years ago in Criminal Law
Religion: Hindu

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13 Answers

Only the landowner who's land has been grabbed has a locus to move a Complaint in the instant matter.

Besides approaching the civil court in the matter, it is also open for him to institute a police complaint.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Hello sir , it is advisable to file a written complaint to the economic fraud Cell as well as to the local police and register a FIR against the person under 420,467,468,471 IPC for cheating and forgery

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Lodge a complain in ur ps concerned

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Dear Sir,

The question involved two pieces of contradictory submissions that is the land belongs to a person residing in USA and contradictory statement is that the land belongs to Government. In either case you may lodge a complaint with the local Tahasildar if it is an agricultural land or with local authority and try to intimate the same to the owner of the property. Then the concerned persons or you in the capacity of GPA of owner file a suit for cancellation for such sale deeds and consequent khatha's.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Property right is the right of the person who owns it, If the power is given by the owner to act on his behalf you can stop the said thing by filing case before the Honourable Civil Court.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Suit has to be filed by owner to set aside fraudulent sale deed executed

2) owner has to also file police complaint of cheating , fabrication of documents , forgery against the fraudsters

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Yes as per the Law any person can set the criminal law in motion. if you have came to know the criminal actions committed by some other person even in relation to other, you may file a complaint with police pointing out the forgery and criminal acts. by this way, you can stop the fraudulent actions.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

1. What is your locus standi in the instant matter i.e. how are you connected to the matter?

2. It is not clear as to what type of fraudulent document has been created by that person? Is it a deed of conveyance registered after showing fake identity and signatures?

3. If you have irrefutable evidence of the said fraudulent act, you can lodge a police complaint against the said person who has committed the said act.

4. If you are in any way connected to the property, you can file a declaratory suit praying for a declaration that the said registration is invalid since it has been done fraudulently and also praying for a direction upon the registrar to cancel the said registration of document which was done fraudulently.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hi

1) Only courts have the power to order for cancellation of Registered documents as government authorities including sub-registrar do not have any powers to cancel any document registered by them.

2) Therefore, you (the owner or his authorised power of attorney holder) should file a suit for cancellation of sale deed Section 31 of The Specific Relief Act, 1963.

3) Courts will order for cancellation of an instrument on the basis of following rationale.

(a) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and ordered it to be delivered up and cancelled.

(b) If the instrument has been registered under the Indian Registration Act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the facts of its cancellation.

Note: - Plaintiff to establish 3 conditions for suit under this section:

(i)The instrument is void or voidable against him.

(ii) He may have a reasonable apprehension that such instrument may cause serious injury.

(iii)Court must adjudicate the instrument as void or voidable.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

If owner gives you a gpa to file a suit for injunction and also ford declaration. Unless you have gpa you cannot file case as you are not owner as such you have no locus standi. If you get gpa file complaint with police regarding the cheating done by that person and also suit as mentioned above.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If you are not the owner and this fraudulent transaction is not affecting your interests, then you cannot even make a complaint against the fraudster or the land grabber.

the owner only has to give a complaint in this regard to police and also to initiate a civil suit seeking to cancel the registration.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1) Registered complaints with Circle officer of village, Below rank of collector of city, and Tehisaldar of that particular area.

2) who ever is making crime for selling land on fake documents police can arrest that person in criminal act under section 420 IPC.

S. 420

Cheating and dishonestly inducing delivery of property

Description

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello,

File a FIR against the said person.

Make a paper publication with regards to the fraud being made by him.

Has the property been sold on the basis of fraudulent document?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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