I purchased some cultivated lands in pieces jointly with my friend AND on good faith I never present in the registration office as I was in service and out of the place. All these happen in bet. 2005 to 2007. Of these plots, in two plots he made some business with bank loan. Business flopped. To meet up the loan he make one false deed in R/ Office that I have sold my 50% share to him and then he sold the total two plots and meet up the loan. Earlier he also made a case by my name, which was not known to me, against bank to longer his payment in the reason that the property was not demarke of 50% añd forcefully my friend is using the full property with out my concent. After his selling these two plots recently I came to know and then the other lands as purchased with him, I collected all the certified copy from R/O, as he gave me all photo copy, that there are also fraud deeds, in two cases deeds are original in deed no but in photo copy, which were supplied to me, there just my name has pasted in photo copy and in original it is his name.The hand writing is same of the deed writer where my name has pasted means the deed writer knows everything. In this position 1. what steps I have to take for fraud deed and 2. for 2nd one is there any possibility to get back my property as I paid for which were happened in 2005 - 07.--- in which way. Kindly suggest me what I will do. D K Mandal
1stly I want to know what is the way to get back my property which were fraudly registered on my behalf. 2ndly he started to cheat me when we purchased the land. Is there any appropriate authority where I make my complain against cheating and possibly there of to get back my property.
Firslty, make police complain about the fraud which has happened to you.
Secondly, file forgery charges also with fraud or cheating charges.
Secondly, yes you can surely have this battle in your favour.
Thirdly, the amount which was paid would be a crucial point for you.
Fourthly, why thee has been discripensies in the copy and original which shows something fisey at your friend’s part.
Rest, we can have full detail conversation over phone through Kanoon.
Good Luck...!
1. Lodge a complaint with the local police alleging forgery and criminal personation.
2. Once you lodge such complaint in writing the police would be obliged to register FIR and arrest the culprits.
3. Then file a civil suit seeking declaration that the sale of your share in the land on the basis of forgery is null and void and hence liable to be set aside.
Sir this is case of fraud cheating and breach of trust and forgery to misappropriation of property.
File police complaint for same against that person.
Same.time.file a.suit.for declaration.of ownership as you have paid.the amount present proof of same before court and seek cancellation of a subsequent transactions.
Also pray for an interim stay in transfer of property before court as there can be further transfer of property.
If he has not purchased the property ion your name at all then there can be no property on your name.
You must understand the fact that one cannot purchase a property on a third person's name without an authorisation letter or an authority namely a POA etc
If you have evidence for giving the money to him you may initiate proper legal action for recovery by first talking to him and then through legal process
I want to know what is the way to get back my property which were fraudly registered on my behalf. 2ndly he started to cheat me when we purchased the land. Is there any appropriate authority where I make my complain against cheating and possibly there of to get back my property.
There was no property purchased in your name at all hence you cannot claim any property except for recovery of money
For cheating you must prove it but if you have documentary evidence for proving that then you may file a civil suit or lodge a police complaint.
you have to file suit to set aside fraudulent sale of property by your friend
2)also challenge the sale of plot to third parties. take th plea that fraud was discovered recently
3) file police complaint under section 406, 420 of IPC for criminal breach of trust and cheating
You should immediately file an FIR for the offence of forgery which is punishable under section 420/467/468/120 B of the Indian Penal Code. The deed writer was conspired for preparing of all these documents therefore section 120 B of the Indian Penal Code will be applicable. There is 100% chance that you will get your property. All that offences are cognizable and non bailable therefore accused will be arrested immediately after filing of the FIR. The document you have collected are sufficient to initiate legal proceeding and proof that offence has been committed by the accused persons.
1. First of all file partition suit for the property which were purchased in joint names with you and in that partition suit also make the purchaser of the said land as party.
2. During the hearing of the said partition suit, the purchaser will submit his objection producing his title deed which was registered in his favour friaudently which can be proved before the Court making his said title deed null and void.
3. For the properties which were not registered in your name but shown in the photocopy that it has been registered in your name, lodge a police complaint against him (also for the case he has fraudulently filed against the bank for you) for cheating you. If police refuses to register FIR against him, file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.
4. Thereafter you can file a Money Suit claiming refund of the money paid to him for buying properties in your name which he did not do, with interest, damage and cost.
1. You have multiple areas where he has cheated you including the case he has fraudulently lodged in your name against the lending bank.
2. You have two ways to seek relief and both of the said remedies should be sought by you. the remedies are given below:
a. First is the police complaint against his cheating you which is a criminal case to be filed by police by registering FIR against him.
b. the other one is filing money suit claiming refund of the money you had paid to him for buying the properties in your name which he did not.
3. You are required to detail down the no.s of acts through which he has cheated you for lodging the police complaint and also list out your total claim of money from him on account of his failing to buy the properties in your name for which the said money was sent to him.
You need to register FIR for the same under section 420 and forgery sections of IPC as applicable to you.
