• Registration of case without submitting land document and proceeding goes on

Dear sir,

i have a property in lucknow whose original sale deed is with me. But under govt record it has been lost due to flood. this condition came into light of bhu-mafia and what did he do that he prepared a fake document copying signature of seller from my registry papers (one copy was share with them; while being unaware that they are bhu-mafia). they went on land raised boundary wall in our absence (we belong from other state; do not live in lucknow permanently). when we come to know we put complaint to police and higher administrative but not action to be taken except replying that its civil matter we cant do anything. even no FIR they registered. we just be calm by moving applications at higher administrative level like DM and SSP as well police station and others. Now from this application they got our address, name and age and registered a court case that we have made boundary wall, fight with them and abused and threatened. what they have done with us, they quoted in court case against us. As well they did not attached any document supporting land their favour. No iahe to confirm from u that is there any provision that court can take case without taking any supporting document. Not the scene is that they have not yet submitted any supporting document. as well they did a commission scrutiny and take this land in his favour that land is in under control of them. till date it has been 5 years he has not yet submitted any document and case is going on. 

we asked the court to ask the party to submit land document, court ordered but not yet has been submitted.

with fake document he sold the part of land to some other while court case is in process. where as under court proceeding, whereas he had lodged the case, was full aware about case is running on this land he has sold the land with statement in registry paper that no such court proceeding is going on in for this land.

Kindly tell me that what to be done for such scenerio?
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Dear Sir, kindly note that in the above scenario mentioned by you, if you are the original owner of the land in question and you have the original title deeds and the land mafia has forged the documents then in that case you must immediately file a suit declaring title and possession of the property in question.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

1) You can file one more case against him that selling land with fake paper, one should get stay on selling the property and distribute that stay in the registrar office plus in compound wall one should put Board that mentioning the the property is of yours and few other papers are trying to sell property with help of fake papers.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You have to file declaratory suit that you are absolute owner of your property

2) to set aside fraudulent sale deed executed by seller

3) seek injunction restraining purchaser from selling the property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

In said suit mention that property taxes are being paid by you

2) that land has been mutated in your name

3) also file criminal case of forgery , fabrication of documents, cheating against seller

4) of police refuse to register FIR file complaint before magistrate under section 156(3) of cr pc to direct police to investigate abd submit report

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir the counter suit has to filed for cancellation of the sale done in pursuance where the title dispute of the property was in the court, further you have to file this suit for cancellation of sale and declaration of your title over property,

Further register an FIR for forging the documents against them and cheating and fraud if the police refuse file petition in high court for registration of FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further also file an application before the civil court in ongoing case that since plaintiff fails to submit evidence close there rights and further if they are absent the court can dismiss the matter for default,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Supporting evidence can be kept at time of filing of the case or at the stage of evidence though in civil suit the documents in original are kept at filing of the suit.

2.No you have to file an application before court to close there right of evidence and you can proceed with the defendants evidence.

3. No sir same is wrong and as mentioned above the criminal case for fraud forgery cheating can be filed.

4. Sir see know inn this case the court will only decide nothing of administration can be done at this stage.

5. Meet the sub registrar of the jurisdictional area and present the true copy of the original registered document and further the office will be best person to guide you for same.

6.Sir at beginning just keep the rue copy at time of judgement or when court call for verification of original same can be given. Further get true copy of document from the notary and submit same and write line in suit that you are in possession of original and you can present same for verification when called upon by the Hon'ble Court.

Sir meet the jurisdiction sub -registrar or file an RTI with him seeking the complete procedure to restore same he will be best person to guide you exact procedure made by state government after flood.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you can file suit and mention list of documents relied upon by you . the said documents have to be enclosed to the plaint

2) as and when case comes on board for trial plaintiff has to prove his case during trial

3)plaintiff has no right to sell property with fake documents

4)if police refuse to lodge FIR file private complaint as advised herein above

5) you have to submit original documents relied upon by you as and when case comes on board for trial

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Hello

The land records were which has lead to this situation.you have filed a case but still they have sold a portion of the land. Therefore it is illegal and hence a case must be filed as a land cannot be sold when a case is pending. Also file a petition in the case before the hc for a fair and free investigation.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1. No, the court didn't do any wrong to you till now. There is no bar in filing a case without submitting documents in support of the claim. When the case will be decided finally it would likely be dismissed.

2. You may file an IA for asking them to produce documents in support of their claim. Please see cpc and specific order for production of documents. But this can only be done if you know that they have any documents with them which would help you and you don't have it. It doesn't happen in the case by asking them to file the document, it is their prerogative to file the document or not against the claim.

3. No. He doesn't have any right to sale the land on forged document but that must come before the court and in challenge.

4. Pls note that the response to point 4 is challenge to his claim and against his forged documents. I don't know what is happening in the court there, but this must be contested. You may file an application to ask him to prove his case on putting a notice to him to admit facts.

6. Kindly note that if you have original documents with you , you can file the suit on the basis of those documents by filing the true copies of those documents along with an exemption to file original documents.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Case can be filed in court without the original documents being filed with the court as true copies are also accepted.

Original copies I brought by the court by the parties during the the stage where the documents are exhibited and marked.

You should also consider filing a suit for declaration in Civil Court to declare you as the lawful owner of the property.

Also, suit for injunction seeking interim relief needs to be filed in order to restrain them from creating any third party interest in the property

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You should also mention in your petition that the Nagar Nigam receipts are also issued in your name as you have been regularly paying property tax for the said property to them.

Also, property been mutated in your name is going to go in your favour.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

with fake document he sold the part of land to some other while court case is in process. where as under court proceeding, whereas he had lodged the case, was full aware about case is running on this land he has sold the land with statement in registry paper that no such court proceeding is going on in for this land.

If he has sold some part of property during the pendency of litigation you may file a petition to implead the subsequent purchasers s necessary party to the suit and seek the same relief against them also.

The court cases will run for years, you cannot avoid it.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Where as Nagar nigam rasid is being issued in our name.

That is a substantial evidence for you to support your pleadings and claim.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. The court will not admit the case or take it on file if there is no relevant documents submitted while filing the case, but in this case, he might have played fraud on court also.

2. Your advocate has to put pressure on court in this regard.

3. You can get an injunction against him, in fact you should have file a suit against him for ejectment instead of fighting his case, and could have sought injunction against him, hence the fault lies on your side only for this debacle.

4. You have not taken up this matter properly with the police 5 years ago, hence agitating on this issue at this belated stage is a waste exercise.

5. You have to depend on the substantial documents held in your possession.

6. You can obtain certified copy of all the documents submitted to court and keep it in your safe custody so that at a later stage you can fight it out on that basis even if there is a manipulation of documents with the help of corrupt staff at a later stage.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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